It is Duty of husband to Maintain His Wife/Children
What is Maintenance?
it is financial aid that is given by the husband to his wife/child or any dependents for easement of survival after they get divorced or during the pending divorce case or if husband/father/child failed to maintain their wife/parents etc . Since as per the Hindu law and our uniform criminal law it puts legal as well as moral duty on the husband/father to maintain his wife/child. Maintenance is ordered by the court in matters concerning the different cases but maintenance can be also claimed in settlement ( in case of Mutual divorce) Court orders the husband to pay maintenance to his wife/child after the divorce. The court may issue conditions and certain restrictions while imposing the maintenance order on the husband. And court takes such decisions, after keeping all the things in consideration, be it the economic status, or standard of living of parties Like we see honey Singh, Hritik Roshan (300 crores Permanent alimony), so much maintenance amount was given by actors themself case. However, there could be situations when the husband fails to comply with the court’s decision of maintaining his wife or children. In such cases, there could be many possible situations and directions given by the court to assure that the person abides by the decision and one may file an application for contempt of court. So we can say in almost every situation husband is liable to pay maintenance .
You must read Where can you file a case for maintenance under Section 125 of the Cr.P.C
Why husband is liable to pay maintenance?
under Hindu law the wife, child, old age parents are entitled to get maintenance from the husband. Since they are considered as “Dependents” fathers must maintain their child till they attain the age of majority and the duty of the husband to maintain his wife.
What to do if your Husband not giving Maintenance to you or your child?
So, there can be 2 possible situations in your case.
1. Your divorce case/maintenance case trial is pending before the court.
If your case is pending and your husband is not willing to pay maintenance ask your advocate to move an application u/s 24 of Hindu Marriage act, 1955 or Under section 125 of the Code of Criminal procedure 1973 or you may move an application for maintenance under Domestic violence act.
In how much time maintenance is awarded from court ?:-
Maintenance is usually granted within 6 months from the date of filing of maintenance and if your maintenance is still not started yet and 6 months is passed you may contact me so that I can legally guide you about your rights and how to proceed further.
2. You have not filled any case
if you have not filed any case for maintenance then you don’t have to worry as it said that never too late and you can start your case from today itself.
Read How to file Maintenance case
Refusal to pay Maintenance
As per Hindu law, it’s the moral as well as the legal duty of the husband to maintain his wife/children. if the Husband refused to pay maintenance you can file suit for maintenance
How to file Maintenance Case
To file the case Maintenance you need to consult your advocate for the same. But what you need to prepare is “income Source of Husband” Since what matters is the wife usually gets 33% of Husband Income. You can contact me ( Vishal Saini Advocate) at +91-9991188899 and we can discuss your case on phone.
FAQs (Frequently Asked Questions)
1. How to contact you?
-> You can contact me at +91-9991188899
2. How to get Divorce Fast?
-> I can guide you legally on how to get a divorce fast you can read this article
3. How to find the best Divorce advocate near you?
-> the best cant be defined in words but its a suggestion .you can look for the successful case advocate having
4. How to Launch FIR on Husband?
-> You can read this article. it Completely explains how to launch FIR
5. Can earn a Wife get maintenance?
-> Yes Earning wife can also get maintenance if we consider the living standard of parties
Suppose a husband is travelling in BMW and his Wife is using Alto for travel. Then here standard of living is completely different. In this case, the wife can get maintenance.
