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Maintenance Matters

Lawyer for Maintenance Cases

MAINTENANCE MATTERS

Dua’s & Dua’s, acknowledged as the Best Divorce lawyer in  Delhi,  offers   comprehensive  legal  counsel  for a spectrum of sensitive family law matters. With a deep understanding of the emotional complexities involved, we strive to expedite the resolution of these issues. Our proactive approach ensures preemptive protection of your interests. Committed to fostering amicable settlements, we employ mediation, conciliation, and proactive legal strategies. Our services span Adoption, Partition, Alimony, Marriage, Succession, Divorce, Child Custody, Dowry Harassment , Special Marriage Acts , Maintenance , Wills , Property Division , Probate , and Domestic Violence. Trust our expertise to navigate through the intricate aspects of family law with diligence and compassion.

Rajal Rai Dua, a distinguished lawyer and the visionary behind Dua’s & Dua’s, Advocates & Consultants, has been a specialist in Divorce, Domestic Violence, and Child Custody cases since 2004. His profound understanding of India’s intricate legal landscape has led to the successful resolution of numerous complex divorce cases. Catering to clients across Delhi, Gurgaon, and Noida, the esteemed team at Dua’s & Dua’s, Advocates & Consultants brings forth extensive expertise in family law, adept at navigating the intricate legal nuances that profoundly influence case outcomes.

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MAINTENANCE

Advocate Rajal Rai Dua has dealt with complex Maintenance matters since last 2 decades thereby earning an accolade as being the Best Lawyer for Maintenance Cases. This tabulated presentation condenses and organizes the detailed information on maintenance laws in India across various religious laws and Section 125 of the Code of Criminal Procedure, 1973, providing a structured and professional overview.

Aspect

Description

Principles of Maintenance

Entitlement to basic amenities for a dignified life: food, clothing ,  shelter, etc.

 

Man’s natural duty under social justice principles to provide   maintenance for wife, parents, and children.

Maintenance Law Overview

Mandate for individuals to support dependents unable to  maintain  themselves.

 

Legal definition: financial aid for a dependent spouse, child, or  parents, paid in lump sum or monthly instalments.

 

Section 125 of CrPC and diverse personal laws extend  maintenance rights to spouses, parents, and children across  religions.

 

Personal laws specific to religions; Section 125 universally  applicable, irrespective of religion or caste.

Hindu Laws for Maintenance

Right of a wife, children, aged parents, and widowed daughter or  daughter-in-law to receive maintenance under Hindu laws.

 

Considerations include financial incapacity, reasons for  separation, and cohabitation scenarios affecting maintenance  claims.

 

Maintenance claims under personal laws preclude claims under Criminal Procedural laws.

Working Women’s Maintenance Rights

Recognition of maintenance rights for working women; earning capacity doesn’t negate the right to maintenance.

Child Maintenance in India

Recognition under Section 125 CrPC and Section 26 of the Hindu  Marriage Act.

 

Minor and major children dependent due to studies or illness are  entitled to maintenance from the father.

Maintenance under Muslim Laws

Maintenance entitlements during iddat period, child-related  provisions, and property settlements under the Muslim Women  (Protection of Rights on Divorce) Act, 1986.

 

Magistrate’s authority to order relatives or the State Wakf Board to  pay maintenance if the divorced woman’s children or relatives  cannot provide support.

Maintenance under Parsi Laws

Maintenance rights under the Parsi Marriage and Divorce Act, 1936, governed by the husband’s capability, personal conduct, and  one-fifth of net income limit.

 

Lifetime maintenance for a wife only if she remains unmarried  and  chaste post-divorce.

Maintenance under Christian Laws

Maintenance rights governed by the Indian Divorce Act, 1869,  entitling the Christian wife to lifetime maintenance.

Section 125 of CrPC

Extends maintenance rights not only to spouses and dependent  children but also to indigent parents and divorced wives,  contingent upon the husband’s capability. We have explained criterias used by Hon`ble Courts in a short youtube video.You can find the link of the same here ; 

 

Recent amendment removes the Rs. 500 per month limit;  magistrates now have discretion in awarding reasonable  maintenance.

 

Exceptions for maintenance entitlement include adultery, refusal  to cohabit, or mutual separation.

 

Divorce & Maintenance

DIVORCE ON GROUND OF CRUELTY IS NO REASON TO DENY MAINTENANCE

Divorce Lawyer in Delhi

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