Protecting your finances after divorce ? Get the entitled support

Alimony and Maintenance play a very important role in entire matrimonial litigation during divorce cases. Alimony laws are provided for the spouse to ensure that the other spouse should in case of divorce not be helpless and the spouse should be able to lead the same lifestyle as the other spouse live. The interim maintenance is during the pendency of the proceeding, there are enactments wherein the wife can seek maintenance such as proceeding under section 125 of the Code of Criminal Procedure Code, 1973, section 20 of the Protection of the woman from Domestic Violence act, 2005 and section 24 and section 25 of the Hindu Marriage Act, 1955 and other personal statutes a spouse can ask for interim maintenance and permanent alimony. We work case to case and prepare the proper ground by way of moving necessary applications for the best result for our client. Leading top-rated lawyer for Alimony and maintenance cases in Ahmedabad. There are two kinds of alimony. Interim Maintenance is where the spouse pays maintenance during the court proceedings until the case goes on. Other is Permanent Maintenance and alimony. It takes place once the court has finalized the separation. The amount can be paid periodically or in a lump sum. The court decides the amount to be paid. Both parties must disclose all the income fully and the properties owned. Apart from the above, the court also considers each party's age, lifestyle, health, support, and liabilities. The Indian marriage and divorce laws entitle the wife to an amount that allows her to have a standard of living on par with her marital years. 1. What are the laws for Alimony and Maintenance?

Section 24 of the Hindu Marriage Act 1955

Section 20 and 22 of the Protection of Woman From Domestic Violence Act, 2005

Section 25 of the Hindu Marriage Act 1955

Section 18 of the Hindu Adoption And Maintenance Act 1956

Section 125 of Code of Criminal Procedure 1973

Section 37 of the Special Marriage Act, 19542

2. Can the Alimony be rejected or canceled? Yes, under a few circumstances, the alimony is rejected or canceled.

If the wife earns enough to maintain a standard of living that is on par with her marital years.

When the wife is the beneficiary and hasn’t remained chaste.

When the wife has made false statements and not disclosed facts in regards to the income and expenditure, etc

When the husband is not an able-bodied person and not having sufficient income.

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She can, but her own income is taken into account. Courts have held that a qualified and earning wife is not automatically entitled to maintenance, though she may still receive supportive maintenance where there is a significant disparity in income and standard of living.

Under Section 24 of the Hindu Marriage Act, maintenance pendente lite is available to either spouse. In practice such claims are less common, but a husband genuinely unable to maintain himself can apply.

The order is enforceable. Recovery can be sought by attachment of salary or property, and continued default under Section 125 CrPC can result in a warrant and even imprisonment until the arrears are cleared.

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