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Jayanth Bhat   31 March 2024

Regarding maintenance

Imagine a person is having a wife both aged 59 and 63 years respectively and they are now intended to get divorce. 

They have children of 24 and 26 years respectively... 

Whether the husband needs to give maintainence for wife??? As the children's were above 18 .. ??? 



Quick Summary
This discussion explores whether a husband is legally obligated to pay maintenance to his wife during a divorce, particularly when their children are adults (over 18). The consensus suggests that a wife is generally entitled to maintenance if she cannot support herself, regardless of the children's age. The law also considers the financial capabilities of both spouses, with either party potentially being responsible for maintenance if they have sufficient income and the other is dependent.

 5 Replies

Dr. J C Vashista (Advocate )     31 March 2024

Wife is entitled for maintenance if she is unable to maintain herself.

It's not algebrical question paper to imagine and find answer.

Why do you intend to put hypothetical situation ?

Jayanth Bhat   31 March 2024

According to hindu adoption and maintainence act children need to look after their aged parents? So in this scenario as a law student got doubt whether court will give their judgement regarding children to look after parents or maintainence by husband?? 

Shashi Dhara   31 March 2024

Husband and wife both can file maintainance against children if they are  unable to maintain. They can file suit for timepass.

Jayanth Bhat   31 March 2024

Thank u 

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

If husband is having sufficient income and the wife is fully dependent on husband it becomes the duty of husband to pay maintenance to his wife and vice versa.

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