Rule of maintenance

there is no actually no limit in awarding maintanance but the court will  take in consieration of your income, dependts, debts, your health condition and etc

Dear Querist

as per hindu marriage act the wife can claim maintenance till the pendancy  of the case u/s 24 of HMA. or she can file an application/petition u/s 125 of Cr.P.C for maintenance or she can file an application u/s 18 of Hindu Adoption and maintenance act 1956.

there is no specific rule to calculate the maintenance its depend on the income of parties.

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I agree with Mr. Qureshi

my parents live separately sinbce 18 years.. can i ask my father now for my maintenance.money for my higher studies and other..

Generally the factors that the court takes into consideration for permanent alimony/maintenance for the wife as follows:

A) The status and position of the husband, his income, his assets and his lifestyle - The position and status have reference more to the financial than to the social position. Income and financial status are the most important factors while arriving at a justified amount to be awarded as alimony/maintenance.

B) The reasonable wants of the wife - Want is not confined to what is required for keeping the claimant wife alive and providing for food only. When a minor child is living with the mother, the necessities of the child are also considered. Much emphasis is given on the reliefs prayed for by the wife by taking into consideration the status and station in life of the parties, the duration of the marriage, support and education of children, the ability of the spouse to earn and their future prospects, as also their age, health, liabilities, liabilities of the husband and the reasonable wants of the wife.

C) The wife's own income or earnings - The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.

As discussed earlier, under the provisions of the Hindu Marriage Act, 1955, even a Hindu husband can claim alimony from his wife if he earns less than her or does not earn at all, though this is rare. Usually, the husband is bound to maintain his wife till her lifetime.However, if the wife remarries, the husband is absolved of his responsibility and can petition the court for orders to stop the alimony. Similarly, if there is a change in circumstances, that is, the husband is unable to maintain the wife due to a financial crisis or any other adverse situation and the wife is financially independent earning a decent salary, then the husband may petition to the court to address the changed circumstances.

The court may, taking into account the facts, evidences and circumstances prevailing at that point of time, modify, vary or rescind the order.The discretion to award lump-sum alimony or a periodical amount vests with the court.If the spouse paying alimony/maintenance earns more income after the award for permanent alimony/maintenance has been passed in the case then the wife receiving alimony/maintenance may make a petition addressing the court about the increase in the husband's income but she will have to prove her inability to maintain herself with the alimony already awarded by the court. The court may take into account the facts, evidences and circumstances prevailing at that point of time increase the alimony payable. The issue regarding the Permanent Alimony and maintenance can also be sorted out of court between the parties and the court informed about the amount so settled by them for the purpose of divorce settlement between them, in such case it is the mutual agreement between both the parties that is considered by the court as full and final settlement of this issue of financial compensation. There is no upper limit for maintenance, which can be granted by the court. As a rule of thumb, courts normally grant one-third of the husband’s income as maintenance after divorce. This may be paid either periodically or in a lump sum.

Stating that generally a woman, having no independent means of income, was entitled to one-fifth or one-third of the husband’s income, the judge said that in the present case, the petitioner had failed to prove that his wife had sufficient means to maintain herself. On the other hand, there was sufficient evidence in the present case to prove that the petitioner had neglected to take care of his wife.

-Regards

Advocate Pooja

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