Alimony also called spousal support or maintenance could be understood as a legal obligation to provide financial support to one’s spouse before or after the divorce or marital separation.
Today’s society treats both men and women equally; hence the burden of providing alimony could also fall upon either of the parties based on their financial conditions. In the present age, both men and women are equal before the law, however, practically, men are more liable to provide interim support to their ex-wives during the litigation procedure. After the divorce has been granted, either party can file for alimony, which could be granted by the court based on the financial conditions and circumstances of the spouses. To seek related legal provisions as well as legal opinions available to you for the matter of maintenance; you shall seek legal advice from an experienced Divorce Lawyer In Mumbai.
Legal Provisions-
As per the legal provisions of the Hindu Marriage Act, of 1955, the husband has the right to claim maintenance. Section 24 of the Act provides provision for maintenance, while the proceedings are still pending in the court of law, and has been provided under Section 24 of the Act, while Section 25 of the Act provides for the husband’s right to get permanent alimony and maintenance. The term “maintenance” here includes things like food, shelter, clothing as well as other necessities to sustain the life of the petitioner. For further information related to the provision of maintenance, or to seek free various legal advice related to your case, it is advised that you seek legal opinion from an experienced Divorce Lawyer In Noida.
Section 24- a “deserving man”, who is not independent or has sufficient living support, or could not afford necessary expenses for the proceedings in the court, can file for an interim maintenance application under this provision.
Section 25- the option for permanent maintenance could be allowed to the husband through this provision. The wife shall be obligated to pay the such gross amount of alimony to the husband either as a monthly sum or as some periodical sum. If there is any change in the circumstances of the parties, found by the court, any such change could be made by the court in its decree for maintenance.
Quantum of maintenance-
The law does not provide for any fixed amount of maintenance to be provided. It shall be the discretion of the court to decide what amount of maintenance should be paid. The amount of maintenance that is required to be paid is decided on various grounds, some of which have been mentioned below-
The reasonable claims and needs- the claims of the husband should be reasonable and should be in accordance with the standard of necessities in their lives. The court will also keep in mind the earning capacity of the wife so that no unnecessary burden is put upon her.
Income and the other properties of the husband- all sources of income of the husband will be considered by the court before deciding the case of maintenance. If the income generated from these sources is enough, the application for maintenance shall be denied by the court, however in case the sources of earnings of the husband are not substantial and he is not able to support himself, in this case, an appropriate amount of maintenance to be provided to him shall be ordered by the court.
Role of the Judiciary-
The High Court of Kerala in the case of [Navya V M v Shivaprasad M K, 2017(2) KLT 803], decided that if the husband is granted maintenance in the absence of any disability, even if there is no source of income, such a decision would promote idleness. To seek maintenance from his wife, the husband has to prove his disability to earn his sustenance in a court of law.
In the case of [Kamelandra Sawarkar v Kamelandra AIR 1992 Bom493], it was decided by the High Court of Bombay, that the husband should not completely depend upon his wife’s income. The husband, if he is able to work and earn for himself, granting him maintenance in such a situation will only promote idleness.
Conclusion-
It could be inferred from the above discussion that it is not a general practice in the country to provide the husbands maintenance from their wives who are earning when the husbands are capable of earning. The legal provision under the Hindu Marriage Act, of 1955, provides for maintenance to the husband only if the husband is completely unable to support himself. As already mentioned in the above article, only a “deserving man” should be allowed with maintenance.
Though the maintenance law is a gender-neutral law, however, it does not support idleness in society, also the permission for maintenance should be provided by keeping in observation the financial situation of both parties, hence it could be deduced that the court provides for the maintenance based on the facts of every case. If you wish to seek legal opinion or advice for the case related to maintenance from your spouse, it is advised to contact an experienced Divorce Lawyer In Kolkata.
Lead India offers you a wide pool of experienced advocates who have been successfully dealing with issues related to maintenance, divorce, child support, custody of children, etc. To ask questions to a lawyer or free advice online regarding your case, you may contact us.
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