Maintanence claim

maintanence claim is the post  divorce rights given to the affected spouse.

when there is mutual consent degree then there is no question of maintanence, but  the court will consider merits and demerits of the case and decides on the issue of alimony.

Amount of maintenance may be altered on change of circumstances, if there is a material change in the circumstances justifiying such aleration.

whether can an adultry woman claim interime mentenance under section 24 of the Hindu Marriage act. ( the problem is, the husband has filed a divorce petition against his wife and during the adjudication of the case it was found that she was pregnent and she has delivered a male baby and thereafter the date of birth registration certificate was obtained by the wife and in this certificate it was found that she has given the husband name of the other person who name was also mentioned in the levelled allegation and the same certificate has been filed in the court but the court has granted interime maintenance to the wife.

There is no stict rule for applying computing maintenance but it can be computed from the status of the respondent and ratio of the dependance of the claimant. After Cr.P.C section 125 Amendment in the year 2001there is no limit for awarding maintenance.

Maintenance means the right of dependents to obtain food, clothing, shelter, medical care, education, and reasonable marriage expenses for marriage of a girl, from the provider of the family or the inheriter of an estate. The basic concept of maintenence originated from the existance of joint families where every member of the family including legal relations as well as concubines, illegitimate children, and even slaves were taken care of by the family. However, maintenance does not mean unreasonable expectations or demands. If wife is a earning person her husband can claim maintenance from her but he uncapable to earn for his survival. So far as interim maintencance concern during pending main maintenace petition at any time the claimant filed interim manitenance.

Maintenance means the right of dependents to obtain food, clothing, shelter, medical care, education, and reasonable marriage expenses for marriage of a girl, from the provider of the family or the inheriter of an estate. The basic concept of maintenence originated from the existance of joint families where every member of the family including legal relations as well as concubines, illegitimate children, and even slaves were taken care of by the family. However, maintenance does not mean unreasonable expectations or demands. If wife is a earning person her husband can claim maintenance from her but he uncapable to earn for his survival. So far as interim maintencance concern during pending main maintenace petition at any time the claimant filed interim manitenance.

thank you very much Mr Prakash.

the maintenance will be granted at  less than 1/3 income of husband.Apetition for interim maintenanace can also be filed at any point of time .If the husband is incapacitated to earn ,his wife is earning ,the husband can file a petition for maintenance.

thank you very much for giving a valuable info

I do agree with my Ld. friend, Mr. Y Prakash. He is absolutely right. As per as the quantum of maintenance is concerned, In practical, Courts fix the quantam of the maintenance from 1/3 to 1/5 of the opp. party's monthly income

Hello

1) When one time settlement agreed, is still maintainence can be claimed by wife

2) Will court passes order the amount as asked by wife without looking at burdens of husband like loan, tax, savings etc

3) If court passess the order, can husband appeal to the higher level court for re-costing of maintainence.

4) All these maintance comes only after divorce or before divorce

5) Is the car loan also conisdered from the husband net pay.

6) If husband is having car, can wife say that husband is leading luxery life

7) Im going to have DV in coming month, so do you think that do I have to sale car

8) What are the facts court will look at husband payscale.

9) Is married younger brother also can be shown as dependent who is not earning at all

As you asked about the claim of maintenance from the wife by the husband ,certainly it can be. There is a judgement on that aspect by Punjab and haryana High court which i have read but i dont have the citation now.

For the pupose of quantum of maintenance to the wife by the husband you refer T.G.GOPALAKRISHNAN v  G.RAJAMMAL@VANI       [ 2008(1) , T.N.L.R.,308] ( Madras high court) which says abou t   the quantum of maintenance ot the wife.

The interim maintenance petition shall be filed along with the main petition because, it is a settled principal of laws that an interim maintenance can be claimed by the wife untill disposal of the main petition.

Mr. Y. Parkash is absolutely right.

1/3rd of income of husband can be taken as general rule . it is based on presumption that a person would spend 1/3rd on his own body to keep him fit for work and remaining 2/3rd is to be devided 50:50 betwwen wife and other genuine expences of husband.

rest part of quary is vague. different laws apply to diffrent situations and regions.