Maintenance

This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:

Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case.

Permanent Maintenance: It is awarded at the time when whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.


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Only an expert matrimonial lawyer understands the complexities involved in getting Maintenance and can help the claimant to get the right amount of Maintenance.

Following are the guiding factors while awarding maintenance, as held by High Court in Sh.Bharat Hegde Vs. Smt.Saroj Hegde:

  • Status of the parties.
  • Reasonable wants of the claimant.
  • The independent income and property of the claimant.
  • The number of persons, the non applicant has to maintain.
  • The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
  • Non-applicant’s liabilities, if any.
  • Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
  • Payment capacity of the non-applicant.
  • Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
  • The non applicant to defray the cost of litigation.
  • The amount awarded Under Section 125 Cr.PC is adjustable against the amount awarded Under Section 24 of the HMA.

If you’re a matrimonial victim and want to file a Maintenance case, then you may fill the above form

For more information, please refer to the FAQs. You may also call us at 9654355275 or email us at mutualdivorceonline@gmail.com

For more info, You may also call us 9654355275 — or email us at — mutualdivorceonline@gmail.com or fill the above form

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