#Section 125 CRPC

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Family Lawyers In Delhi

Family law, rich in societal ramifications, legal challenges, and psychological complexities, is particularly evident in the fast-paced city of Delhi. Here, family lawyers navigate the turbulent waters of child custody issues, inheritance disputes, and matrimonial disputes with persistence and expertise. Renowned as the "sharks of law," these lawyers skillfully manipulate the legal system, offering families convenience, direction, and closure.

Family Disputes: An Overview

A family dispute involves disagreements between individuals who are related or have formerly belonged to a family. This can include:

Siblings and their families

Grandparents and their children's families

Blended or stepfamilies

Split couples and their families

Types of Family Disputes

Matrimonial Disputes: Issues over marriage, often involving personal traits, behavioral habits, or verbal/physical assault.

Child Custody Disputes: Legal battles over who has the right to care for, control, and make decisions about children.

Domestic Violence (DV) Disputes: Arguments that become violent among family members, leading to potential police intervention.

Property Disputes: Disagreements over marital property, often arising after a divorce decree.

Maintenance under Section 125 CrPC

To Wife: A magistrate can order a husband to pay a monthly allowance if he neglects or refuses to support his wife.

To Children: Maintenance for a child who cannot support themselves, including those who are illegitimate or disabled.

To Parents: Maintenance for parents unable to support themselves, ordered by a magistrate upon proof of refusal or negligence by a child with sufficient resources.

Role of Family Lawyers at Sharks of Law

Family lawyers at Sharks of Law specialize in domestic relations and family ties, providing guidance and representation in various matters:

Divorce: Guiding clients through the court system, asset allocation, and settling child/spousal support issues.

Child Custody: Representing clients in custody petitions and ensuring fair child support.

Adoption: Assisting with legal aspects of adoption, including paperwork and court appearances.

Domestic Violence: Helping clients file for divorce or separation, secure restraining orders, and protect their children.

Property Division: Assisting in asset and property division during divorce or separation, preparing court filings, and negotiating settlements.

Sharks of Law is a one-stop legal destination with expertise in family law, possessing the highest legal qualifications. You can find a lawyer who meets your legal needs at this firm, where professionals offer consultation in all areas of family dispute matters.

Email: helpdesk@sharksoflaw.com Help Desk: +91-88770-01993

[meera1990-tiwari]

Best Family Lawyer In Delhi

Navigating family disputes in Delhi requires the expertise of skilled family lawyers who understand the legal intricacies and emotional complexities involved. In the bustling cityscape of Delhi, family lawyers play a pivotal role in resolving matrimonial disputes, child custody battles, inheritance disputes, and domestic violence issues.

Types of Family Disputes

Matrimonial Disputes: These encompass disagreements within marriages, ranging from personal differences to abuse issues.

Child Custody Disputes: Legal battles over child care and decision-making post-separation or divorce.

Domestic Violence Disputes: Addressing violent or abusive behavior within family dynamics.

Property Disputes: Handling disputes over marital property and assets post-divorce.

Role of Family Lawyers: Sharks of Law

At Sharks of Law, family lawyers are equipped to handle various family law matters:

Divorce Representation: Guiding clients through divorce proceedings, asset allocation, child custody, and support matters.

Child Custody and Support: Advocating for clients in custody petitions, modifications, and ensuring fair child support arrangements.

Adoption Legalities: Assisting with adoption processes, including paperwork, court filings, and representation.

Domestic Violence: Helping victims seek legal protection through divorce filings and restraining orders.

Asset Division: Supporting clients in equitable division of assets, preparing court filings, and negotiating settlements.

Maintenance (Section 125 CrPC)

Spousal Maintenance: Ensuring financial support for wives unable to sustain themselves.

Child Maintenance: Securing maintenance for children who require financial assistance.

Parental Maintenance: Providing for parents who are financially dependent.

Finding Family Lawyers

Word of Mouth: Recommendations from trusted sources who have experienced successful family law assistance.

Online Search: Carefully assess reviews and testimonials to gauge competence and reliability.

BAR Association: Seek qualified lawyers with specialized knowledge of family law and local regulations.

In conclusion, Sharks of Law serves as a premier legal destination for family law expertise in Delhi, offering skilled family lawyers like Adv Malik, Adv Pahuja, and Adv Kansal. These professionals provide comprehensive legal counsel and representation, ensuring clients navigate family disputes effectively and find closure.

For legal consultation on family matters in Delhi, contact Sharks of Law via:

Email: helpdesk@sharksoflaw.com

Help Desk: +91-88770-01993

[legallimelight011]

THE STRUGGLE FOR JUSTICE BECOMES A STRUGGLE OF A LIFETIME, A WOMAN'S STRUGGLE FOR LIVELIHOOD.

Im going to tell you a real story of a woman who has struggled and is still struggling in the court of law for justice, she is struggling for what is rightly hers without infringing anyone's rights. Yet for the last 14 years all she has gotten from the courts is false hopes and dates. It makes one question the Indian Legal System and how the wheels of justice move agonisingly slowly and the way in which it is dispensed and the fact that it ends up costing a person at most times their own life and yet justice has not prevailed.

In a case that was Filed in the year 2010, Shamili (Complainant) filed a case against her husband Nandish (respondent). Shamili along with her 2 minor children were turned out of the house by her husband. The truth behind this whole matter was that this was not the first time that Shamili's husband had turned her out of the house, he used to do this very often, given the fact that Shamili's whole family was settled abroad she had no support or family to look upto in such situations. This very truth because Nandish's strength, this was the very thing he used against her everyday of their marriage life. Nandish was a powerful and rich businessman who had one of the most talented people working for him, and need it be said money was never an area of concern for him.

Shamili was turned out of the house with her 2 minor kids Pallavi who was 11 years old at that time and Angad who was 9 years old. Shamili having nowhere to go sought help of an uncle who very humbly offered roof over their head for as long as they needed. Never once during the first few months had shamili thought of seeking divorce from her husband all she wanted was to be able to live with his family who loved her dearly. Shamili worked over 16 hours a day to put food on the table for her children, she tried to give them everything, taking them for tuitions, swimming etc. She with all the limited means tried to make a small living for them, the children barely saw her in those days. She struggled with insomnia due to excessive stress, all that happened in the house took a toll on both the kids especially Pallavi who being the eldest child saw her father for who he truly was. The children never went for trips, birthday parties or did anything a child in their age would normally do, mainly because they never had the money. To be able to afford an ice cream in those days became difficult.

After a few months Shamili chose to tell her family what had happened, she initially just spoke to her elder brother, who along with her close friends advised her to seek divorce. She was asked to file criminal proceedings as well against her husband Nandish who had duped her and emptied the bank accounts of the kids of any money that they had. All said and done these proceedings were filed, Nandish filed for divorce in Australia as he was a citizen there as well, Shamili not having the finances could not contest and within a period of 90 days with an ex parte order the divorce was granted. Shamili too filed for maintenance in the court of law to help her and the kid survive.

The court Initially awarded her a maintenance of 60,000 rupees a month along with 10,000 each for the kids, this was awarded under Section 125 of the CrPC. She and her lawyers knew that Nandish was earning in crores and his worth was unfathomable, but like every person in court he claimed to have lost everything and claimed he had come to the streets and had nothing to give to his estranged wife and children. The court works on proof, nothing is believed in court until you have proof to support your claims. Shamili and her Lawyer worked day and night to accumulate proof of his assets not because she was greedy or because she wanted to be rich but because she knew in today's time and the rising Inflation with the amount been decided raising 2 kids will not be easy. She knew her husband bought judges, lawyers, police officials basically anyone who could have been proved to be of any assistance to her, thereby closing all doors for her survival.

Finally after months of hard work they gathered all proof necessary to prove his assets, his month earning and the court having to have paid attention to the new proof under section 127 of the CrPC modified the maintenance to 10 Lakhs to Shamili and 5 Lakhs each to the kids. Now when someone hears this they think that's great, they are settled for life, they will be comfortable but lemme tell you the grass is always seems greener on the other side.

Yes the court modified the maintenance, Yes Nandish was asked to pay the amount and all that had accumulated over the years, but here is the twist, Shamili never saw the money even after 14 years she and her kids are struggling to get maintenance. The court dates keep coming and Nandish uses his power to procrastinate having to pay. This journey of seeking justice has cost the kids their childhood, they were once minors badly in need of money to survive now both the kids are in their 20's almost finished with college.

Seeking justice for herself and her kids seems like an endless journey and this journey seems to have no end. The dates keep piling, the documents keep piling but justice is far from being served. It's stories like this that make one doubt the working o the Indian judicial system and it's working. Let's hope this journey bears fruit at the end and this struggle they are having to go through does get them the justice they deserve.

[justicejournal011]

A Quick Overview of Article 125 and 127 CrPC

Section 125 of CrPC lays down a Secular law for the maintenance of Wife ,Child or Parents. This section helps giving monetary assistance to the vulnerable avoiding situations like Vagrancy and Poverty. So objectively the CRPC’s maintenance clause aims to advance social fairness and safeguard weaker people who are unable to support themselves.

Section 127 CrPC talks about alteration in allowance/maintenance or interim maintenance granted on proof of a change in the circumstances of the husband. The current petition was filed by the husband under Section 19(4) of the Family Court Act R/W Section 397/401 of Cr.

[ncsharmalawfirm]

Minimizing Maintenance to Wife During Divorce Proceedings in India

Introduction

When navigating the challenging terrain of divorce proceedings in India, it's crucial to approach the situation with sensitivity and prudence. Divorce Lawyer Delhi can play a pivotal role in ensuring a smooth process while minimizing the financial burden on the husband, especially in terms of maintenance to the wife. In this comprehensive guide, we delve into strategic approaches to navigate divorce proceedings in India efficiently.

Understanding Maintenance Laws in India

The Legal Landscape

Divorce Lawyer Delhi professionals comprehend the intricate legal framework governing maintenance in India. The maintenance laws, defined under Section 125 of the Criminal Procedure Code (CrPC) and the Hindu Marriage Act, aim to provide financial support to the wife during and after divorce proceedings. Our expertise ensures a nuanced understanding of these laws to safeguard your interests.

Strategic Financial Planning

We emphasize the significance of meticulous financial planning during divorce proceedings. Our expert team analyzes the financial aspects comprehensively, considering assets, liabilities, and income. This strategic approach assists in presenting a fair and accurate financial picture, ultimately influencing maintenance decisions in your favor.

Effective Communication and Documentation

Transparent Communication

Clear communication is paramount in minimizing maintenance obligations. Our team excels in articulating your stance, ensuring that all relevant information is presented in a compelling manner. Effective communication becomes a powerful tool to influence the court's decision positively.

Comprehensive Documentation

Thorough documentation is the backbone of a successful case. Our meticulous approach involves gathering all necessary documents, such as financial records, property details, and evidence of any prenuptial agreements. This comprehensive documentation reinforces your case, strengthening the negotiation position and minimizing the financial implications of maintenance.

Navigating Legal Strategies

Mediation and Alternative Dispute Resolution (ADR)

Exploring mediation and ADR avenues can significantly mitigate the financial strain associated with maintenance. Our adept legal team guides you through these alternative routes, promoting amicable settlements that are not only cost-effective but also minimize the emotional toll on all parties involved.

Strategic Negotiation

Mastering the art of negotiation is a key element in reducing maintenance obligations. Our seasoned negotiators employ strategic approaches tailored to the specific nuances of your case, ensuring a favorable outcome. By leveraging our negotiation skills, we aim to secure a settlement that aligns with your financial capabilities.

Why Choose Us?

Proven Track Record

Choosing the right legal representation is paramount in minimizing maintenance obligations. At NC Sharma Law Firm, our team boasts a proven track record of successful cases, showcasing our expertise in achieving favorable outcomes for our clients.

Tailored Legal Strategies

We understand that each divorce case is unique. Our legal experts tailor strategies to the specific circumstances of each client, ensuring a personalized and effective approach to minimizing maintenance.

Timely Resolution

Our commitment to timely resolution sets us apart. We prioritize efficiency without compromising on the quality of legal representation. This ensures that our clients can move forward with their lives without prolonged legal battles.

Conclusion 

If you are seeking a Divorce Lawyer in Delhi with a proven track record in minimizing maintenance obligations, look no further. Visit ncsharmalawfirm.com to explore how we can guide you through the complexities of divorce proceedings, providing the legal expertise and support you need.

Reference URL :- Minimizing Maintenance to Wife During Divorce Proceedings in India

[seemabhatnagar]

Mockery of Institution of marriage by vested Interests!

Manmohan Gopal v. The State of Chhattisgarh & Another

Misc. App. 858-859/2021 In Re Crl. Appeal 85-86/2021

Disposed of by Supreme Court of India on 20.10.2023

By the Bench comprising Hon’ble Mr. Justice S Ravindra Bhat j & Hon’ble Mr. Justice Aravind Kumar J.

Background

1. The present matter is arising out of disposed of Criminal Appeal wherein Father-in-law & mother-in-law of the Respondent No.2 who were granted bail by the Apex Court for the offences under 420, 406, 468, 34, 120B of IPC.

2. The Daughter in law R-2 is seeking direction of the Apex Court to the family court of Bilaspur to decide the petition under Section 125(3) of CrPC within 6 months on the father-in-law and mother-in-law (now deceased) on the ground that she lives with her widowed mother, on whom she is dependent for expenses, including litigation expenses.

Fact

1. Manmohan Gopal – Petitioner is the father of Varun Gopal with whom marriage of R-2 was solemnized in 2012-13 at that time Varun Gopal was employed in Australia.

2. Within 2 years of marriage relationship deteriorated leading to legal proceedings.

3. Varun Gopal filed anticipatory Bail application in response to charges levied by R-2.

4. Anticipatory Bail was denied. Since than Varun Gopal neither participated in Criminal proceedings or maintenance proceedings.

5. Father-in-law & Mother-in-law also applied for anticipatory Bail

6. This Court directed them to deposit Rs.40 lakhs towards arrears of maintenance. Since money was not deposited, the anticipatory bail was not granted and they were arrested. After 10 months in custody, this court by order dated 12.07.2019 directed their release on bail.

7. In addition to Criminal Charges R-2 also filed maintenance petition before Family court Bilaspur & the Court awarded Rs.1 lakh towards interim maintenance per month.

8. Subsequently Husband filed Criminal Revision for setting aside the Interim maintenance order. It was however, dismissed in default.

9. R-2 filed petition for enhancement of interim maintenance which was enhanced to Rs.1,27,500/-.

10. According to R-2 Varun Gopal is the sole heir of the Manmohan Gopal and stands to inherit 11 shops in ancestral property.

11. Varun Gopal is settled in Australia where he obtained an ex-parte divorce decree dated 21.12.2017, by the family court of Australia & also remarried and now has two kids from his second marriage.

12. R-2 R2 has however, filed a suit for cancellation of divorce on 8.11.20215 in the family court of Bilaspur, which is pending disposal.

Submission on behalf of R-2 (Daughter-in-law)

1. The 11 shops were placed on auction thrice but it was not successful as shops were occupied by the tenant.

2. The current outstanding arrears of maintenance amounts to 1.25 Cr. Approx. (as of the order dated 02.09.21) and further asserts that all available modes for the execution of her maintenance order have been exhausted.

3. Given the situation, R2 is seeking transfer of ownership of the said shops in her name as a means to settle her outstanding maintenance arrears and future maintenance as well.

4. The details of bank accounts of the petitioners were also produced on the directions of this Court accordingly, the Petitioner -father-in-law was having 3-4 crores in his account but they have given false information in their Affidavits about them having no money.

5. Petitioner also sold matrimonial house for 2 Crore in June 2018.

6. In October 2018 mother-in-law with the interference of Mediation Centre of SC settled to give 1.29 Crore to R-2. However, no money was paid to R-2.

7. R-2 also filed Contempt Petition against the petitioner’s father-in-law & mother-in-law and they chose to go to jail instead of making payment. Hence, even after so many rounds of litigation, and after 5 years, R2 is still remediless.

Submission on behalf of the petitioner’s (Father-in-law)

1. Marriage is dissolved by decree of divorce.

2. Husband is alive.

3. Responsibility of payment is of him & not of the parents.

4. Memorandum dt. 22.10.2018 was signed by the wife for the sale of matrimonial house who is not alive as such the memorandum can’t be executed against him.

5. Petitioner submits his readiness to offer 75 Lacs in addition to 22 Lacs as one time full and final lump sum amount towards her entire claim of past, present and future, subject to the condition that all cases either criminal or civil or execution against the petitioner are withdrawn or brushed aside.

Observation of the Court

1. The present case has displayed persistent defiant conduct by Varun Gopal, and the petitioner, Mohan Gopal, who have, on one pretext or another stalled compliance with the orders of this court. It is the responsibility of Petitioner and Varun Gopal who abandoned the wife, and virtually fled to Australia liable to fulfil the payment of entire sum.

2. The documents placed on record of this court, including the affidavits filed by the petitioner, and the bank account statements, reveal that considerable amounts of money were remitted to Varun Gopal, over a period of time.

Direction of the Court

1. Six contiguous shops shall be put to sale by the Registrar of the Delhi High Court, who shall ensure that the best prices are realized.

2. The amounts realized from the sale shall be deposited in a fixed deposit receipt, initially for six months, and its interest, disbursed to the second respondent/applicant.

3. In the event of no sale, the attachment of property shall continue in favour of the applicant.

4. The attachment of rents of M/s Fitness Factory Gym & Spa shall continue, till the petitioner, and his son, Varun Gopal, pay the amount constituting the balance between the amount realized by direction (1) and Rs. 1.25 crores.

5. In the eventuality the directions are not complied within one year, the Registrar is directed to take steps, and within three months, and seek option from the applicant regarding whether she would wish the transfer of title to the said premises in her name, or its sale.

6. In the event R-2 opts for the transfer, the Registrar Delhi High Court, is directed to take all necessary steps to execute a conveyance deed (under the present directions) to that effect, the sale shall be registered by the concerned authorities, and the applicant shall be handed over symbolic possession.

7. In the event the R-2 does not seek conveyance, the Registrar shall take all necessary steps to auction the said property above, within 18 months from today.

8. All amounts realized in the process of compliance with directions shall be paid to the applicant.

9. Decree shall be drawn to the above effect. Decree shall also reflect total amount due and payable to the applicant in lieu of which sale of shops are hereby ordered.

Order

The application of R-2 was disposed of in terms of above directions.

Seema Bhatnagar

[maintenanceprovisionsinindianlaw]

Understanding Maintenance Provisions in Indian Law

Maintenance in the legal context refers to financial assistance provided to an aggrieved party who is in reasonable need of such support. In India, various provisions exist to ensure the financial well-being of individuals, especially in marital and familial relationships. Maintenance is a crucial aspect of family law and is typically awarded by the court to ensure that a spouse, child, or dependent is adequately provided for during and after legal proceedings, including divorce or separation. These maintenance orders are intended to address the financial needs and living expenses of the dependent party, promoting fairness and equity in legal disputes.

Types of Maintenance Under Hindu Marriage Act, 1955 The Hindu Marriage Act of 1955, a landmark legislation in India, not only regulates the solemnization and dissolution of Hindu marriages but also addresses the vital issue of maintenance. Maintenance, in the context of this act, is a significant aspect that ensures the financial well-being of parties involved in a marriage. Under the Hindu Marriage Act, 1955, various provisions outline different types of maintenance, each serving a distinct purpose and catering to the diverse needs of spouses and dependents.

Section 24 - Temporary Maintenance (obligation to maintain wife or husband)

In the realm of legal proceedings related to family matters in Delhi, securing the services of the best lawyer in Delhi can make a world of difference. One such distinguished legal professional in Delhi, known for their expertise in matters of Temporary maintenance (Maintenance Pendente lite) under the Hindu Marriage Act, 1955, With an impressive track record and a deep understanding of family law, advocate Chawla has successfully represented numerous clients in Delhi, ensuring they receive fair and just temporary maintenance during trial proceedings.

Temporary maintenance, also known as Maintenance Pendente lite, plays a pivotal role in supporting the spouse in need during the course of the legal trial. It is specifically designed to cover immediate and essential expenses, offering financial relief to the dependent party. Governed by Section 24 of the Hindu Marriage Act, 1955, this provision empowers the court to grant temporary maintenance orders to ensure that the spouse can maintain their standard of living throughout the legal proceedings. Advocate Aman Chawla has comprehensive knowledge of Section 24 and their proficiency in advocating for their clients' rights make them a top choice for individuals seeking legal representation in matters of temporary maintenance in Delhi. With their legal expertise and commitment to securing the best possible outcome, he stands as a formidable advocate for those navigating the complexities of family law and maintenance pendente lite in the Indian capital.

Section 25 - Permanent Maintenance (obligation to maintain wife or husband)

Permanent maintenance involves granting a regular sum to the aggrieved party, usually on a monthly or periodical basis. It continues for a duration not exceeding the applicant's lifetime. Section 25 of the Hindu Marriage Act, 1955, regulates permanent maintenance and outlines conditions for revocation. So, get help from the best lawyer in Delhi, and ensure the legal outcome.

Maintenance Under Section 125 CrPC (obligation to maintain wife, children, and parents)

Maintenance under Section 125 of the Criminal Procedure Code applies to spouses, children, and parents who cannot support themselves. This provision encompasses both legitimate and illegitimate children, as well as unmarried daughters facing financial difficulties. However, there are exceptions, such as when the wife is living separately without valid reasons, living in adultery, or when the couple is mutually separated. Advocate Amna Chawla is the best lawyer in Delhi, who will carefully help you in this procedure.

Maintenance Under Section 18 of Hindu Adoption and Maintenance Act

Under the Hindu Adoption and Maintenance Act, husbands have a legal obligation to support their wives throughout their lives. This maintenance covers provisions for food, clothing, residence, education, medical treatment, and reasonable marriage-related expenses for unmarried daughters. Section 18 of this Act allows a wife to claim maintenance, irrespective of pending divorce proceedings or adoption of a child with her husband. It also provides for a separate residence under certain circumstances.

Maintenance Under Section 20 of the Protection of Women Against Domestic Violence Act, 2005 The Protection of Women Against Domestic Violence Act, 2005, provides a comprehensive remedy for victims of domestic violence, including those in marriage-like relationships. Section 20 of this Act allows the Magistrate to order the respondent to pay monetary relief to cover the aggrieved person's expenses and losses resulting from domestic violence. Best Domestic Violence lawyer in Delhi ensure all the legal issues in this case. For any legal help, you can consult at +91–8076836899.

[leadindia011]

In this YouTube Video, we will delve deep into the Rajnesh vs Neha Supreme Court Judgement, focusing on how to avoid maintenance to wife under Section 125 of the CRPC (Code of Criminal Procedure). Join us as we break down this landmark judgement, providing you with valuable insights and a comprehensive understanding of its implications. ✅ Gain clarity on the intricacies of the Rajnesh vs Neha case ✅ Learn about the legal framework surrounding maintenance to wife ✅ Discover crucial strategies to potentially avoid maintenance obligations ✅ Understand the relevance of Section 125 of the CRPC ✅ Empower yourself with knowledge to navigate similar situations.

[legalupanishad]

Maintenance of Wife Under Indian Laws: Legal Upanishad

This article on 'Maintenance of Wife Under Indian Laws' was written by Ashok Kumar Choudhary, an intern at Legal Upanishad.

INTRODUCTION

The financial support provided by a husband to his wife during and after the marriage, or after a divorce or separation, is known as the maintenance of a wife. The purpose of maintenance is to ensure that the wife can maintain a decent quality of life and is not left in a state of poverty. In many countries, including India, some laws govern wife maintenance and require the husband to pay alimony or maintenance to the wife. This article will explore the concept of maintenance and analyse the laws governing maintenance in India.

MAINTENANCE LAWS IN INDIA

- These laws aim to protect women's rights and prevent them from being placed in a vulnerable position after divorce or separation. The legal concept of maintenance recognizes the financial rights of a spouse, particularly a wife or a divorced wife, who may have been financially dependent on their partner during the marriage. The goal of maintenance is not only to provide for the necessities of life, but also to ensure that the wife or divorced wife can live her life with a reasonable standard of living, take care of any children resulting from the marriage or relationship, and in some cases, cover legal costs if necessary. - It is important to note that maintenance laws should be gender-neutral and applicable to both spouses. Proper implementation of these laws is essential to ensure that justice is served and that gender equality is achieved. Additionally, promoting education, economic independence, and social participation for women is necessary to empower them to understand their rights and worth, and to enable them to live their lives with dignity and security. - We have different personal laws in India that apply to different religious communities, such as Hindus, Christians, Muslims, and Parsis. However, the common law is that every married woman has the right to file for maintenance under Sections 125-128 of the Code of Criminal Procedure (CRPC) in India. Maintenance can be claimed by a wife, children, or parents who are financially dependent on the husband. These Maintenance acts serve a social purpose, and there are provisions under various laws, including the Hindu Marriage Act of 1955, India has several laws in place that aim to protect and promote the rights of various groups, including women, children, and elderly citizens. - Three notable acts that address these issues are the Hindu Adoption and Maintenance Act of 1956, the Protection of Women from Domestic Violence Act of 2005, and the Maintenance and Welfare of Parents and Senior Citizens Act of 2005. The Hindu - The Adoption and Maintenance Act, for example, provides legal guidelines for the adoption of children by Hindu families and also recognizes the right of Hindu wives to receive maintenance from their husbands. Similarly, the Protection of Women from Domestic Violence Act seeks to prevent domestic violence against women and provides for the speedy and effective delivery of justice to victims. - The Maintenance and Welfare of Parents and Senior Citizens Act is aimed at ensuring the welfare and maintenance of elderly parents and senior citizens by their children or other relatives. This act recognizes the responsibility of adult children to care for their parents and provides legal remedies for parents who are neglected or mistreated. - These acts reflect India's commitment to protecting the rights and welfare of all its citizens, particularly those who are vulnerable and in need of support. While there is still work to be done in fully implementing and enforcing these laws, they serve as important steps toward building a more just and equitable society for all. All of these laws are designed to compel a man to fulfil his moral obligation to his wife, children, and parents in respect of financial support.

SECTION 125 CODE OF CRIMINAL PROCEDURE

Section 125(1) of the CrPC stipulates that only a legally wedded wife can claim maintenance. A lawfully wedded wife refers to a woman who has either been divorced, has obtained a divorce from her husband, or has not remarried. In the case of Savitaben Sombhai Bhatiya vs the State of Gujarat (2005), the Hon'ble Supreme Court clarified the term "wife" to mean a woman who has entered into a valid marriage with a man through a ceremony recognized by law. The Court held that registration of marriage under the Hindu Marriage Act is not a mandatory requirement for claiming maintenance under Section 125 of the CrPC. The validity of a marriage depends on the essential requirements of a valid marriage, such as the party's consent, the absence of any legal impediments, and the performance of the marriage ceremony according to the customs and traditions of the parties' communities.

MAINTENANCE UNDER HINDU MARRIAGE ACT 1955

Section 24 of the Hindu Marriage Act recognizes that both men and women can demand maintenance from their spouses if they have any financial disability. This provision ensures that spouses are not left in a financially vulnerable position during or after the marriage. The amount of maintenance that a spouse can receive is fixed by the court, and if the spouse fails to pay, the matter can be taken to court. The Hindu Marriage Act allows spouses to claim maintenance, regardless of gender and provides a safety net for those who may face financial difficulties.

HINDU ADOPTION AND MAINTENANCE ACT 1956

Section 3 (b)(i) of the Act defines maintenance, which includes the provision of food, clothing, housing, education, medical attention, and treatment. This also covers the marriage expenses of unmarried daughters, as well as their future marriage expenses. To determine the amount of maintenance, the court must consider the financial means of the person against whom the award is being made. This includes the potential earning capacity of the husband. It is not just the actual income that must be considered, but also the husband's potential earning capacity. As per the law, every able-bodied person can earn and maintain their spouse. According to Section 23(2), there are various factors to be considered when determining the amount of maintenance for the wife, children, and parents.

Maintenance of Wife Under Indian Laws

MAINTENANCE UNDER MUSLIM PERSONAL LAW APPLICATION ACT 1937

Maintenance under the Muslim personal law is governed by “Shariat” which is the Muslim personal law. Under Muslim law, the concept of maintenance is described under the term “NAFAQAH,” which means providing basic needs to the wife, children, and parents. The amount of maintenance to be paid to the wife is based on the husband’s income. If the husband divorces his wife or in the case of his death, the wife can claim damages. In the case of a divorce, the wife is entitled to maintenance during the “iddat” period, which can be of three months. If she is pregnant or has a child, the husband is obliged to provide maintenance to his ex-wife if she is unable to support herself. The father is also responsible for maintaining his children until they reach puberty. If he is unable to provide maintenance, then the responsibility falls on the grandfather, and then on the state.

MAINTENANCE UNDER CHRISTIAN LAW

The Indian Divorce Act of 1869 offers legal remedies to Christian wives who are unable to sustain themselves after a divorce. The Act enables them to seek alimony or maintenance in a civil or High Court, and the former husband is liable to pay the amount as ordered by the court for the wife's lifetime. Section 36 of the Indian Divorce Act 1869 specifies that interim maintenance can only be claimed by the wife and not by the husband. The court has the discretion to order monthly or weekly payments for the wife's maintenance and support, as considered reasonable. These provisions aim to safeguard the rights of Christian wives who may be vulnerable in post-divorce situations, ensuring they have a means of support. In summary, the Indian Divorce Act, of 1869 is an essential legal framework that provides protection and assistance to Christian women facing challenges after a divorce.

MAINTENANCE UNDER PARSI LAW

The Parsi Marriage and Divorce Act of 1936 provides for the rights of Parsi wives to maintain, both temporary and permanent alimony. During the pendency of a matrimonial suit in court, the maximum amount that can be decreed as alimony is one-fifth of the husband's net income. In determining permanent maintenance, the court considers various factors such as the husband's ability to pay, the wife's assets, and the conduct of the parties involved. The order for permanent maintenance remains in force as long as the wife remains chaste and unmarried. The provisions for pendent lite and interim maintenance in Section 39 of the Parsi Marriage and Divorce Act, 1936 are similar to those in Section 24 of the Hindu Marriage Act. This legal framework aims to protect the rights of Parsi women and ensure that they receive the necessary financial support during and after a divorce.

CONCLUSION

The restoration of women's rights through judicial pronouncements and other measures is a significant step towards gender equality. However, true progress can only be achieved when underlying societal attitudes toward women are transformed. Women must empower themselves through education, economic independence, and social participation to fully understand their rights and worth. Only then can society as a whole be uplifted. Mothers, as the first teachers and mentors of their children, play a vital role in shaping future generations. No society can truly thrive until the women within it can live in peace and security. While maintenance laws should be gender-neutral and applicable to both husbands and wives, many women still struggle to claim their rights to maintenance. Proper implementation of the law is crucial to ensure that justice is served, and gender equality is achieved. Ultimately, it is only through collective efforts and a steadfast commitment to the rule of law that we can create a more just and equitable society for all.

List of References:

- Krishna Rawat, Maintenance under Hindu Law, 4(4) IJLMH (2021) - Varsha, Maintenance Laws for Women in India, BnB Legal, 18 February 2022, available at: https://bnblegal.com/article/maintenance-laws-for-women-in-india/ - Ekta Gurjar, Laws and Offences Relating to Maintenance of Women, SSRN, 12 February 2012, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2003352 Read the full article

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Maintenance Provisions for Working Wife: The Legal Paradox in India

Separations, divorce are common nowadays. However, process to get a divorce is a bit difficult. Several significant aspect such as alimony, maintenance, property and custody of kids stretches the divorce process longer. Although, the  judiciary  process takes its own time, still, an expert divorce advocate can be a big help.

In this blog, Advocate Vipin Raina, the best divorce lawyer in Gurgaon will briefly explain the landmark judgements and their impact on maintenance provisions for working wives.

Provision of Maintenance for Working Wives Under Section 125 of the CrPC in India

Under Section 125 of the Criminal Procedure Code (CrPC) in India, a working wife can request maintenance. However, this may seem paradoxical as maintenance is typically given to those who are unable to maintain themselves. The Supreme Court of India has justified the provision of maintenance as a means of strengthening the poor and attaining social justice, individual equality, and dignity.

Employment does not necessarily imply that a woman can meet all her basic needs or those of her child, particularly if the husband is living lavishly. The law recognizes that a wife is entitled to maintain the standard of living she is accustomed to, provided that the husband is capable of supporting her.

The amount of maintenance awarded is determined based on a variety of criteria, such as the parties’ status, needs, income and property, liabilities and financial responsibilities, age and employment status, residential arrangements, minor children’s maintenance, and illness or disability.

Landmark Judgements and Maintenance Provisions for Working Wife

Several landmark judgments have reinforced the right of working wives to claim maintenance under Section 125 of the CrPC. For instance, in Jaspreet Singh Vs. Swaneet Kukreja, the Delhi High Court held that a wife's interim maintenance cannot be denied even if she is capable of earning an income and is a working professional.

Similarly, in the case of Chaturbhuj vs. Sitabai, the Supreme Court ruled that a woman who is separated from her husband can request maintenance from him even if she is earning a monthly income, as long as it is not sufficient for her to support herself. The court also noted that the phrase "unable to maintain herself" does not require a wife to be completely destitute before she can apply for maintenance.

The right to maintenance for working wives has also been upheld by the Punjab and Haryana High Court in the case of Amit Kumar vs. Navjot Dubey. The court held that a wife is entitled to the same standard of living as if she were still living in the matrimonial home.

Similarly, In Neha Mathur & Anr. v. Dr. Arvind Kishore, the Rajasthan High Court stated that the wife is entitled for maintenance even if she is drawing a monthly income.

Are you Looking for Legal Advice?

Expert legal advice plays a significant role in divorce cases. In case, you are also looking for legal advice you can contact Advocate Vipin Raina for more professional advice. He is one of the top divorce lawyers in Gurgaon with decades of legal experience. 

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Maintenance to Wife not a Bounty… It is to Prevent Destitution: Allahabad High Court

Last Updated: February 09, 2023, 16:55 IST The bench of Justice Raj Beer Singh held that as settled by the Apex Court, Section 125 CrPC is a measure of social justice and is specially enacted to protect women and children. (Representational image) The Allahabad High Court was dealing with a plea of a woman whose application for maintenance had been rejected by the Family Court on the ground…

[soolegal]

A person is entitled to basic amenities like food, clothing, shelter, and other necessary requirements to live a dignified life. Under the principles of social justice & Section 125 OF CrPC, it is the natural duty of a man to provide these amenities to his wife, parents and children in the form of maintenance.

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Maintenance Petition after getting lump sum payment by way of alimony

Maintenance Petition after getting lump sum payment by way of alimony

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. The case involved a couple who got married in 1983. After a matrimonial dispute between the two, they started living separately in 1993. By way of a written compromise…

[divorcelawyerindelhi]

Divorce Lawyer in Patiala House Court

BHATLA LAW FIRM (BLF) is a boutique of technically and legally sounded advocates Law Firm located at New Delhi. BLF is led by Mr Kamal Bhatla a seasoned professional having a vast experience of court presence for over two decades. He is a highly vintage lawyer with strong knowledge and high professional ethics. He devotes his time in thorough understanding the case of his clients and suggests non complicated solutions. His honest and professional behavior is commendable

Kamal Bhatla is the best Divorce Lawyer in Patiala House Court who believes in finding an amicable way to settle families for the better growth of each and every individual member of family. He is the best divorce lawyer for marriage issues in Patiala House, Delhi to file or defend your mutual divorce petition, contested divorce, alimony, domestic violence (DV), interim maintenance, 125 CrPC, dowry harassment u/s 498a, women cell complaints or any other related matters. 

Divorce without Mutual Consent: When one party to the divorce is not ready to seek divorce then the only option left to the parties is to fight for it in the Court. This is known as “Contested Divorce”

Grounds for Divorce: Explanation 1. Adultery as a ground for divorce- Section 13(1)(i) Extramarital sex is known as “adultery”. Other than his/her spouse if a married person voluntarily indulges in sexual intercourse with a person of the opposite sex during the subsistence of his previous marriage then it is termed as adultery. These are sexual relations not allowed by marriage. 2. Cruelty as a ground for divorce- Section 13(1)(ia) Cruelty includes both physical as well as mental cruelty. Before the Amendment Act, 1976, it was only a ground for judicial separation and not a ground for divorce. Earlier view on cruelty was that there should be actual physical harm and reasonable apprehension to establish cruelty but this view was changed. Now mental cruelty is also considered as a more serious injury.  Cruelty can be established from facts and circumstances of the case. It mainly includes the behaviour of one spouse towards the other which causes suspicion in the mind of the party who is filing for divorce that it is unsafe to live with him/her. 3. Desertion as a ground for divorce- Section 13(1)(ib) When one spouse intentionally abandons another spouse without his/her consent or without any reasonable cause is called desertion. It is withdrawal from the matrimonial obligation. 4. Conversion as a ground for divorce- Section 13(1)(ii) If a Hindu cease or ceases to be Hindu by converting himself into another religion than the other party who is still a Hindu is entitled with the right to seek divorce under this section. Also, if children are born to him/her after the conversion gets disqualified from inheriting the property of any of their Hindu relatives. 5. Mental Disorder: Unsoundness of Mind- Section 13(1)(iii) Before 1976, unsoundness of mind for one year was a ground for judicial separation and if it continues till three years then it will be a ground for divorce. But after the 1976 Amendment, no period is prescribed and moreover, it includes all types of mental cases, sub-normality and abnormality. 6. Presumption of death- Section- 13(1)(vii) If a person is not heard of being alive from his/her near or dear ones or his/her relatives for a period of seven years then he/she seemed to be legally dead. But in case he/she was married before, then their spouse can seek divorce on such a ground. In this case, no alternate decree of judicial separation is passed.

Divorce with Mutual Consent: When both husband and wife amicably reach to a conclusion to end up their married life and part ways than it is called mutual divorce.

Important Conditions before Filing a Mutual Divorce: Living Separately For At least 1 Year: Both the male & female partners must be living separately for at least 1 year. No Adjustment Is Possible: They have tried all the ways to live together. Approval of Both the Partners: The approval of both partners is important for the separation of partners. Necessary Issues Must Be solved among the Partners before filing the application: Custody of Child: If any Maintenance & Alimony Fees: If any decided Settlement of Assets & Property: If any   Documents for Mutual Divorce: 1.   Address Proof - Both Husband & Wife(Current address proof) 2.   Marriage Certificate / Marriage card 3.   Marriage Photograph 4.   Passport size photograph 2 each Procedure to File a Mutual Divorce: 1.   Filing a Joint Application /petition 2.   Appearance in the court 3.   First motion 4.   Second motion Final statement Decree is awarded

  Bhatla Law Firm is a top player in the category Best Divorce Lawyer in Delhi. This well-known Firm acts as a one-stop destination servicing clients both local and from other parts of Delhi. The firm belief that the client’s satisfaction is the most important role of each and every member of the firm. This nature of the firm have helped this firm garner a vast base of clients, which continues to grow day by day. This firm employs individuals that are dedicated towards their respective roles and put in a lot of effort to achieve the common vision and larger goals of the firm. In the near future, the firm aims to expand its line of services and cater to a larger client base.