Maintenance is an integral part under Indian Laws.
Alimony is husband or wife’s right for financial support after divorce. Section 25 of the Hindu Marriage Act, 1955 enables the provision of alimony or maintenance. Providing maintenance means that the other person who is getting the maintenance should be able to live the life as he or she lived before marriage in case of divorce. The most important aspect of maintenance is that the party which relies on maintenance has no independent source of income to support himself/herself.
The things which court keep in mind while deciding the quantum for maintenance are
- Income of the party against whom alimony has been claimed
- Property of the party against whom alimony has been claimed
- The income and other property of the applicant
- The conduct of the parties and other circumstances of the case
Types Of Maintenance:
- Interim Maintenance:
Interim Maintenance is provided when the divorce and legal proceedings are very lengthy and are taking a long time to finalise or when one of the partners is not earning any income specifically. Interim maintenance is supposed to meet the immediate needs of the petitioner.
- Permanent Maintenance:
Permanent maintenance, on the other hand, is the maintenance that is paid by one spouse to the other after the judicial proceedings have resulted in either the dissolution of the marriage or a judicial separation.
IT ALL STARTS WITH CONSULTATION
Learn to take the right steps