Payment Of Maintenance In Matrimonial Cases

PAYMENT OF MAINTENANCE IN MATRIMONIAL CASES

There are various provisions  for a Hindu wife  to claim maintenance .

  •  Hindu Adoptions and Maintenance Act, 1956 ,
  •  Hindu Marriage Act, 1955, Code of Criminal Procedure, 1973, ,
  • Protection of Women from Domestic Violence Act, 2005.

Grant of Interim Maintenance

It is essential that the wife files for grant of Intetim Maintenance intially and for that both the parties need to file their Affidavit of income and assets . Therefor when the wife files the petition for maintenance and also seeks interim maintenance , the wife should file the income and assets affidavit at the time of filing the Maintenance Petition. Thereafter when notice is issued and the respondent appears , he is directed to placed on record the income and assets affidavit so that the interim application is decided at the earliest which is only a prima facie view.

Factors that determine what amount should be granted as interim maintenance

  •  status of the parties,
  •  Income and property of the respondent,
  •  Children in the marriage
  •  Whether both spouses working
  •  Education expenses
  •  Illness or disability

Since when is Maintenance granted?

Whenever the court decides to grant maintenance it will always be counted from the day the application for maintenance was filed.

 

How are  Maintenance Orders Enforced?

  • Civil detention,
  • attaching property
  • striking off the defence of the respondent. 
  • initiate contempt proceedings. 

Conclusion

For any query related to filing maintenance Petition kindly call at 9873628941