What are the rights of the wife after divorce? When can you claim maintenance after divorce? After all, for what reasons does it become necessary for the husband to pay maintenance? In India, the meaning of divorce is changing and it is now being accepted in families, but still, people are not aware of divorce. It is right to get information about many important laws that can prove to be in your favour.
The most common misconception is about maintenance. When can the wife claim the right to maintenance, is the maintenance also available to the live-in partner? Can husband claim maintenance from his wife?
We spoke to Supreme Court Advocate Ravi S Gupta to know about this. He explained in detail about the law of getting maintenance to the wife after divorce.
Under Section 24 of the Hindu Marriage Act 1955, either the husband or the wife can file a case for maintenance. The court decides for how long and how much maintenance is to be given by looking at several parameters. For example, how much does the spouse earn, who has custody of the children, has there been domestic violence? Many questions are asked in court. Apart from this, the details of the last three years' earnings are taken based on which the amount of maintenance is decided.
Compensation can also be given in case of domestic violence
According to Advocate Ravi, Section 20 of the Domestic Violence Act, it has been told that the court can give a decision to give financial help to a woman based on violence. Monetary relief can be given in all such cases where the woman has incurred any kind of expenditure due to domestic violence.
Can the amount of maintenance increase?
The court grants maintenance under the CrPC (Code of Criminal Procedure). Section 127 says that you can get maintenance done more or less depending on the change in circumstances.
Will there be a maintenance case if the husband is jobless?
Even if the husband does not have a job, a maintenance judgment can be given by the court. In such cases, this can be done based on the education of the husband. When the maintenance case is filed, the court looks at the last three years
Recently, the Punjab and Haryana High Court has said in a case statement that even a professional beggar has legal and social duties. Due to this, he has the right to give maintenance to his wife.
Does the live-in partner have the right to maintenance?
Advocate Ravi says that maintenance may have to be given under section 125 CrPC. The Supreme Court has also accepted that the girlfriend has the same rights as the wife.
The girlfriend can seek maintenance from you under section 12 of the Domestic Violence Act, but she will have to give details of the domestic violence she has faced. The right of maintenance in live-in is given only in a few cases.
Can the wife get interim maintenance?
Even if the wife has left the house of her own free will, the court can grant her interim maintenance. Initially, the court grants maintenance, but after that, it is seen based on evidence whether the interim maintenance will proceed or not, but for this, you have to prove in the court that the wife has left the house of her own free will.
What if you don't want to pay maintenance to your wife or husband?
The court can grant the right of court maintenance to either the wife or the husband. However, if you do not want to give money to the partner, then you have to see the necessary grounds for this. Based on your case, the lawyer can suggest to you the grounds on which maintenance can be denied.
