MAINTENANCE AND ALIMONY: HOW-TO GUIDE ON CONDITIONS, PROCEDURE AND LAWS IN INDIA
Indian Law provides the right to claim maintenance to wife and husband at any stage of divorce and after divorce, whether the divorce is filed or not, and whether the divorce proceedings have started or not. Only legally married parties are eligible for the provision.
Section 125 Cr.P.C. (Criminal Procedure Code)
Section 20 of Protection of Women from Domestic Violence
Section 18 of the Hindu Adoption and Maintenance Act
Section 13B of the Hindu Marriage Act 1955
Section 24 and 25 of the Hindu Marriage Act
Its objective is to provide means and provisions for the spouse with lesser means, although it is mostly the man who is asked to give Maintenance and Alimony in the cases and seldom are men found to be financial beneficiaries in such a case. Whether a man or woman, we help both in Maintenance and Alimony cases, as the judiciary is generally tilted towards women in such cases.
Maintenance and Alimony
Types of Maintenance and Alimony
Interim Maintenance and Alimony
During the divorce, procedures are going on whether it’s a contested divorce or mutual consent divorce if the wife/husband has no source of income to survive for her/himself and children then ask for interim Maintenance and Alimony in the court of law. The court can order 20% of the financially strong partner’s income as interim maintenance to sustain dignity and pay the cost of legal charges for the dependent husband/wife.
The court can order provide Maintenance and Alimony to maintain a level playing field for the parties.
Permanent Alimony
Permanent Alimony is decided at the time of the decree of divorce for husband/wife by court or partner in case of mutual consent divorce so after divorce dependent party can survive their dignity and maintain their living standard in society.
These orders for alimony purely depends on the fact and circumstances of the case and the court decision.
Advocate A.K Shokeen has a team of the best divorce expert lawyers based in Delhi with experience in handling divorce-related matters.
We have had successful cases with handling divorce Maintenance and Alimony in favor of our clients.
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