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Praveen (Engineer)     15 April 2013

Maintenance to wife depends on?

As per the court, maintenance to wife depends on what all things? Does it take into account the total assets, movable and immovale, self acquired or gifted to husband, or does it only depends on the salary earned by the husband.

In my case the marriage is just three months old and no children.

Please advice. "If there is any need to transfer the properity to someone elses name if i am going for DV."


 8 Replies

Adv k . mahesh (advocate)     15 April 2013


Maintenance under Hindu law:
Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.

Maintenance without divorce
The Hindu Adoptions and Maintenance Act, 1956.Maintenance, in other words, is right to livelihood when one is incapable of sustaining oneself. Hindu law, one of the most ancient systems of law, recognises right of any dependent person including wife, children, aged parents and widowed daughter or daughter in law to maintenance. The Hindu Adoptions and Maintenance Act, 1956, provides for this right.

Maintenance as main relief: for wife
The relief of maintenance is considered an ancillary relief and is available only upon filing for the main relief like divorce, restitution of conjugal rights or judicial separation etc. Further, under matrimonial laws if the husband is ready to cohabit with the wife, generally, the claim of wife is defeated. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking divorce or any other major matrimonial relief has been recognised in Hindu law alone. A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956. The Act envisages certain situations in which it may become impossible for a wife to continue to reside and cohabit with the husband but she may not want to break the matrimonial tie for various reasons ranging from growing children to social stigma. Thus, in order to realise her claim, the Hindu wife must prove that one of the situations (in legal parlance 'grounds') as stated in the Act, exists.

Grounds for award of maintenance
Only upon proving that at least one of the grounds mentioned under the Act, exists in the favor of the wife, maintenance is granted. These grounds are as follows: 
a. The husband has deserted her or has willfully neglected her; 
b. The husband has treated her with cruelty; 
c. The husband is suffering from virulent form of leprosy/venereal diseases or any other infectious disease; 
d. The husband has any other wife living; 
e. The husband keeps the concubine in the same house as the wife resides or he habitually resides with the concubine elsewhere; 
f. The husband has ceased to a Hindu by conversion to any other religion; 
g. Any other cause justifying her separate living;

wife after applying for maintenance she has to show that your are say x amount and she need an amunt of y from your salary for her maintencance as she was deserted and she has to pay rent for house and her day needs and if children for there maintenace and then court will decide and will tell husband to pay that amount every month say 5th to her and if there is no case filed in court and with elders mutually you agree to pay maintenance then it is the elders will decide how much you have to pay to her and if children then to them 


"If there is any need to transfer the properity to someone elses name if i am going for DV."


and you said about property i could not understand to whom you want to transfer 

1 Like

Rahul Kapoor (Legal Enthusiast)     15 April 2013


maintainence will be decided on the basis of income affidavit filed by both parties in the court.




1 Like

Praveen (Engineer)     15 April 2013

"If there is any need to transfer the properity to someone elses name if i am going for DV."


and you said about property i could not understand to whom you want to transfer 

My parents want that i transfer the property to my mother and sisters name before i go for divorce. 

Is it required? Becoz what ever I have on my name today had come through the income source of my parents and sisters.

As they had faith in me they had put my name as the owner (purchased the property(home) in my name).

Praveen (Engineer)     15 April 2013

Also would like to know that if i have a home which is gifted to me by my sister by a gift deed and I have arranged for a rented home for myself, as my wife not behaving properly with my parents. Could my wife insist on staying at the home which is gifted to me.

Is there any way that i can take her to that rented home if she denies to come.

Adv k . mahesh (advocate)     16 April 2013

cancel that gift deed if it is not registered and stay in a rented house as you said 

1 Like

Praveen (Engineer)     16 April 2013


In 2009 my sister had transfered the home to me with a registered gift deed.

Index ii , Corporation Tax Receipt and Electricity Bill are now on my name.

I had met an advocate and he says it can not be cancelled now but you can again transfer the said properity to your sister or mother through gift deed and it would involve less money(which is 2 to 3 percentage) as compared to the transfer by sale deed.

Adv k . mahesh (advocate)     16 April 2013

yes once the gift deed is registered it cannot be transferred to anyone only thing is you can gift to other person as said by you advocate 

show himthe deed and prepare another transfer deed and execute it 

Praveen (Engineer)     16 April 2013


But if the home remains on my name, can my wife insist to reside in that home even if i have arranged an alternate home on rent for her as there are daily fights which are taking place. As i dont want my elderly parents to suffer from my wifes cruelity, i want to move out. 

Can the court as well tell us to keep her in the matrimonial home, if she files right to residence through court.

(Note : She wants to stay in matrimonial home as it is luxurious  and all comfort available, the flat which i have take on rent is not like this) : can she deny coming to rented home siting this reason.

Please advice 

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