Marriages are thought to be created in heaven, with the wedding being predetermined by fate.
However, man has made sure that over time this match is constrained by a number of laws. From marriage's beginning through its dissolution, these laws regulate every aspect of the institution of marriage. The entire idea of maintenance was developed so that, in the event that one spouse is not financially independent, the other spouse will help them so they may support themselves.
When a wife is unable to support herself either during the marriage or after separation and divorce, the husband must provide maintenance to the wife. A housing provision should always be included in the maintenance. The support of wives, children, and their dependents are governed by a number of laws, as well as by the Acts. These Acts come under the purview of the Family Courts, which were founded in accordance with the Family Courts Act of 1984. The Divorce Lawyers in Indore shall help you with any matrimonial disputes which are to be dealt with under Hindu Marriage Act.
Maintenance of Wife under Section 18:
This clause was specifically written with married women in mind. Hindu wives will receive maintenance from their husbands for the duration of their lives regardless of whether they were married before or after the start of this Act. In accordance with Section 18(1), a wife who resides with her husband is also a party. An unchaste woman who has been living with her husband under the same roof is eligible to request maintenance from the court, but a wife who has ceased to be Hindu is not eligible to do so. To understand the legal implication of Section 18 you might take the assistance of a Divorce Lawyers in Hyderabad.
Hindu wives are free to live their lives without their better halves and without giving up their right to maintenance:
· If he is responsible for her abandonment or for obstinately rejecting her.
· If he has treated her with such cold-bloodedness that she has a reasonable fear that living with her husband will be destructive or dangerous.
· If he has leprosy or other dangerous infection.
· If he is still married to another person, this is referred to as having extramarital affairs.
· Whether he regularly lives with a concubine elsewhere or maintains a mistress in the same home as his better half.
· If he converted to a different religion and stopped being a Hindu.
· If there is another justification for independent living.
Forfeiture of Right to Maintenance: If a Hindu wife is unchaste or ceases to be a Hindu by converting to a different faith, she will not be eligible for discreet living arrangements and support in the form of maintenance from her husband. The Divorce Lawyers in Jaipur will help you deal with maintenance related disputes.
Amount of Maintenance:
According to section 23, the court has the option to determine whether or not to award the wife any of the compensation as support under this Act.
The court will take the following into account:
· The two parties standing and positions.
· The wants that the claimant alleges to have been legitimate.
· If the claimant is divorced, then whether you should proceed is up for debate.
· The number of people that are eligible to make a maintenance claim.
According to Section 25, the amount of support that must be paid, whether determined by a court order or an agreement, will only be adjusted if there has been a material change in the circumstances. But under Section 24, the spouse cannot request maintenance if they converted to another faith and lost their Hindu identity.
The right to maintenance granted to helpless women is well-stated and acknowledged in Hindu law. The right to maintenance is substantive and ongoing, and the amount of maintenance varies from time to time. The court must take the other party's status into consideration before deciding on the amount of maintenance to be paid in the future.
The Hindu Marriage Act of 1976 has been amended and changed, expanding its reach. As a result of these new amendments, it is now required that the court of law gives the parties enough time to support their opposing claims with credible grounds. Along with the parties' income and behaviour throughout the procedures, the court should not overlook additional factors that could influence the grant or payment of maintenance.
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