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    Types of Maintenance Under Hindu Laws

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    aryan jain
    There are two types of maintenance a wife can demand under Hindu law: 1) Interim maintenance, which is granted during legal proceedings to cover legal costs, and 2) Permanent maintenance, which can be granted as a lump sum or monthly payments post-divorce based on the circumstances. The amount of maintenance is determined by factors such as the income and property of both spouses, dependents, and personal expenses. To claim maintenance, a wife must file a petition in family court through a divorce lawyer and provide documents relating to finances and remedies sought.

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    Types of Maintenance Under Hindu Laws

    Uploaded by

    aryan jain
    85 views3 pages
    There are two types of maintenance a wife can demand under Hindu law: 1) Interim maintenance, which is granted during legal proceedings to cover legal costs, and 2) Permanent maintenance, which can be granted as a lump sum or monthly payments post-divorce based on the circumstances. The amount of maintenance is determined by factors such as the income and property of both spouses, dependents, and personal expenses. To claim maintenance, a wife must file a petition in family court through a divorce lawyer and provide documents relating to finances and remedies sought.

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    TYPES OF MAINTENANCE UNDER HINDU LAWS

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    There are two types of maintenance a wife can demand under Hindu law: 1) Interim maintenance, which is granted during legal proceedings to cover legal costs, and 2) Permanent maintenance, which can be granted as a lump sum or monthly payments post-divorce based on the circumstances. The amount of maintenance is determined by factors such as the income and property of both spouses, dependents, and personal expenses. To claim maintenance, a wife must file a petition in family court through a divorce lawyer and provide documents relating to finances and remedies sought.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    85 views3 pages

    Types of Maintenance Under Hindu Laws

    Uploaded by

    aryan jain
    There are two types of maintenance a wife can demand under Hindu law: 1) Interim maintenance, which is granted during legal proceedings to cover legal costs, and 2) Permanent maintenance, which can be granted as a lump sum or monthly payments post-divorce based on the circumstances. The amount of maintenance is determined by factors such as the income and property of both spouses, dependents, and personal expenses. To claim maintenance, a wife must file a petition in family court through a divorce lawyer and provide documents relating to finances and remedies sought.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    TYPES OF MAINTENANCE UNDER HINDU LAWS

    There are 2 types of maintenance that the wife may demand under the Hindu maintenance rules.
    The responsibility of reporting his income transfers to the husband, who has the right to defend
    the maintenance petition when the wife files a maintenance petition via her divorce attorney.

    The typesof maintenance under Hindu laws are given below:

    1. Interim Maintenance: When the wife brings a maintenance petition, the court may grant
    her interim maintenance that the husband must pay through her divorce law attorney from
    the date on which the wife filed the application until the date of dismissal. It is often
    referred to as Pendente Lite Maintenance and is paid so that the wife can pay for the legal
    costs borne by her.
    If the wife has absolutely no source of income to support herself, interim maintenance is
    granted by the court. There are no rules setting down the sum of this form of maintenance
    and it is solely at the discretion of the court to decide how much maintenance during the
    trial is necessary for the wife to survive during the proceedings.
    Section 24 of the Hindu Marriage Act , 1955, specifies that through their divorce
    advocate, both husband and wife may file an application for interim maintenance.
    2. Permanent Maintenance: In the event of divorce, permanent maintenance is given by the
    husband to his wife, and the amount is determined through a maintenance petition filed in
    India by a divorce lawyer. Section 25 of the Act provides that that the court can order the
    husband to pay his wife for her lifetime maintenance in the form of a lump sum or
    monthly amount. However, if there are any improvements in her circumstances, the wife
    will not be entitled for maintenance.1
    A wife has the freedom to live apart from her husband under Section 18 of the Hindu
    Adoption and Maintenance Act, 1956, without compromising her right to demand
    maintenance. Under this rule, in the following cases, a wife can live apart from her
    husband:

     Without any fair cause, the husband abandoned the woman. 


    1
    http://www.legalserviceindia.com/
     The husband has committed cruelty to the wife.
     The husband is suffering from virulent leprosy.
     The husband is having extra-marital affairs.
     The husband converted to a different religion.

    However, the wife is not eligible to demand maintenance in the following circumstances:

     By converting to another religion, she has stopped being a Hindu.


     She is guilty of adultery, i.e. she is unchaste and committed to another man's
    sexual relationship.
     Following the divorce, she remarried..

    CALCULATION OF MAINTENANCE UNDER HINDU LAW

    The amount of maintenance payable depends on multiple factors. The courts depend on the
    provision of Section 23 of the Act, while determining that the husband ought to pay his wife the
    total maintenance. The provision sets out the following considerations that must be evaluated in
    order to assess the amount of maintenance:

     The husband and wife’s position and status,


     If the wife has an actual maintenance claim.
     If the wife is living apart, whether the reason to do so is justified or not.
     The total property and income of the wife.
     Total property of the husband, income produced from this property, and his other
    income.The total number dependents and their expenses incurred by the husband.
     The personal expenses of the husband.2

    TO CLAIM MAINTENANCE UNDER HINDU LAW

    2
    Supra9
    In a family court that has appropriate jurisdiction to deal with the matter, a wife is required to file
    a maintenance petition. The maintenance petition must be filed in India with the help of a good
    divorce lawyer and must contain all the relevant details and remedies sought by the court. Some
    necessary documents such as an affidavit, documents relating to the husband's and wife's income,
    etc. are filled in the maintenance petition.

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