• Maintenance For Wife & Children: Under Hindu Marriage Act, 1955

  • Maintenance Under the Hindu Marriage Act, 1955

    The Court may, from time to time, pass such interim orders and make such provisions in the decree passed in the proceedings under the Hindu Marriage Act, 1955, as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by Petition for the said purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending, and the Court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

    Maintenance pendent-lite and expenses of proceedings

    Where in any proceeding under the Hindu Marriage Act, 1955, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the Non-Applicant to pay the Petitioner the expenses of the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.

    Permanent alimony and maintenance

    Any court at the time of passing any decree or at any time subsequent thereto, on application made to it under the Hindu Marriage Act, 1955, for the purposes by either the wife or the husband, as the case may be, order that the Non-Applicant/ Respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.

    If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order, it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

    If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

    Amount of maintenance

    The amount of the maintenance shall be purely the discretion of the Court. In determining the  amount of the maintenance the court shall have due regard to the following considerations, namely,

    1. the position and status of the parties;
    2. the reasonable wants of the claimant;
    3. if the claimant is living separately, whether the claimant is justified in doing so;
    4. the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;
    5. Any other relevant fact and circumstance

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Hindu Marriage Act, 1955, The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, The Code of Criminal Procedure, 1973, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.    

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