What Is maintenance?
Maintenance is an amount payable by the person who refuses to maintain their dependents wives, children, and parents. The law provides a speedy, effective, and inexpensive remedy against such persons. The law of maintenance applies to persons irrespective of their religion.
Who is entitled to Maintenance?
The persons who are dependents such as wife, children, and parents possess the right to claim maintenance from the person on whom they are dependent. But the right to claim maintenance is subject to certain conditions.
When the wife is entitled to claim maintenance?
– The wife whether she is minor or major, if she is unable to maintain herself, then she is entitled to claim maintenance.
– She will be entitled to maintenance only when she does not remarry after the divorce from her husband.
– She should be a legally wedded wife.
– Whereas she will not be entitled to claim maintenance if :
The marriage stands Void; or
She is living in Adultery; or
She has sufficient means to support herself; or
She refuses to live with her husband without any reasonable excuse; or
She is living separately with mutual consent; or
When Husband can Claim For Maintenance?
– The husband can claim maintenance only when he is unable to maintain himself on the ground of being mentally or physically incapable.
When Children are entitled to claim maintenance from their father?
– The children are entitled to claim maintenance when they are minor irrespective of their legitimacy.
– A child who is major can also claim maintenance if he/she is physically or mentally incapable to earn. Whereas a major daughter, who is unmarried, is entitled to maintenance.
When Parents are entitled to claim maintenance from their children?
– The parents are entitled to maintenance only if they are incapable to maintain themselves. The parents if they are:
- Adoptive Father
- Natural father
- Adoptive mother
- Natural Mother
- Step Mother ( if Childless)
– Whereas the Parents cannot claim Maintenance if they are:
- Step Mother
- Step Father
Who is a legally wedded wife?
A wife, whose marriage is solemnized after performing all rites and rituals as per their religion and lives together as husband and wife, is considered as a legally wedded wife in eyes of laws.
Whether Dependents are entitled to claim maintenance even during the Pendency of Case?
Yes, the Dependents are also entitled to claim maintenance even during the pendency of the application before the court. And the Magistrate is empowered to pass an order of interim maintenance of monthly allowance in favor of such a person.
What Relief one can avail from the Hon’ble Court?
One can pray before the Court either for temporary relief or permanent relief or both. Further, they are entitled to claim maintenance for the rest of their life.
What are the Documents Required For Filing the Maintenance petition?
You are required to present the following documents :
- Document for Address Proof,
- Marriage Certificate,
- Photos OF Marriage,
- Aadhar Card,
- Pan Card.
Where you can file a petition for maintenance?
It is filed before the Judicial Magistrate in the Family Court. The jurisdiction of the Court depends on the Place of Residence of the wife either before her marriage or after her marriage or where the wife or husband is at present residing.
One can claim maintenance by filing an application before the Magistrate.
To grant maintenance on monthly basis is the discretion of the Court.
Even if, you are a woman, who is divorced then also you are entitled to maintenance irrespective of the fact that the husband divorced you or vice-a-versa.