Life is precarious.
What adversity may come upon you is not known by anyone. One moment may bring bags full of joy, and the next moment can be one of shock and despair. As you have embarked on this life journey, you have to be bold enough to face every situation with a calm and determined state of mind. But of course, you are not expected to deal with it all by yourself.
The need for a helping hand is greatly felt, and maintenance lawyers in India are here to be just that. These lawyers excel in handling negligence matters towards wives, children, or parents. This means that if ever faced with such circumstances, where your spouse, father, or son refuses to look after your need for unjustifiable reasons, you can file a case and claim maintenance. But things are not that simple.
Certain guidelines and criteria need to be considered before proceeding, and these are briefly discussed in what follows.
What is Maintenance?
Maintenance in legal terms is the right to be looked after and supported financially. In marriages, this term is often used synonymously to alimony. If either of the spouses cannot meet their financial needs, they can claim maintenance to sustain their livelihoods. In India, maintenance can be claimed under specific laws as directed by the Constitution of India. As the claimant, you can file a case for maintenance against the concerned person under the section which fits your situation. If the person having sufficient means refuses to provide for your necessities, this calls for immediate action. You can contact a lawyer who would present your case in court and work their best to do you justice.
When Can a Wife Claim Maintenance?
Divorces in India have been increasing and due to multiple reasons. At times it is mutual, but sometimes it is due to domestic violence that a woman faces at the husband’s place. Divorce bounds the man to maintain the wife, only if he is stable enough to do so. However, certain situations do not entitle a wife to claim maintenance. Read along to be fully informed about it.
- If the wife indulges in adultery or abandons her husband for no specific reason, the court does not allow her to file a case for maintenance.
- A man is not expected to provide maintenance to his wife when the separation is mutual.
- Remarriage after divorce also forfeits women of the right to claim maintenance.
The Constitution guarantees the protection of all citizens without bias. The judiciary contemplates all aspects of a case and analyses all the perspectives before arriving at a fair decision. You may not be aware of each section or article of the Constitution, thereby claiming something which may or may not be rightfully yours. This is why you need the aid of maintenance lawyers to enlighten you on your case and be the source you can entirely rely on.
Frequently Asked Questions:
What is Maintenance?
Ans: Maintenance in legal terms is the right to be looked after and supported financially.
Can a Wife Claim for a Maintenance?
Ans: 1. If the wife indulges in adultery or abandons her husband for no specific reason, the court does not allow her to file a case for maintenance.
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