Maintenance Under Various Laws
Maintenance and alimony are the financial support given by one spouse to another after divorce or separation. Maintenance is usually a periodic payment made during or after the pendency of a matrimonial suit, while alimony is a lump sum payment made at the time of divorce. The laws regarding maintenance and alimony differ according to the personal laws of each community in India.
Under Hindu law, maintenance and alimony can be claimed under section 24 and section 25 of the Hindu Marriage Act, 1955 respectively. Section 24 provides for maintenance pendente lite (pending the suit) and expenses of the proceedings, if either party has no independent income sufficient for his or her support and necessary expenses. The court may order the respondent to pay a reasonable amount to the petitioner, having regard to their income, assets, liabilities and standard of living. Section 25 provides for permanent alimony and maintenance at the time of passing any decree or at any time subsequent thereto. The court may order either spouse to pay such gross sum or monthly or periodical sum as it may deem just, having regard to their income, conduct, status and other circumstances of the case. The amount so fixed may be altered or modified on an application made by either party in case of change in circumstances.
Under Muslim law, maintenance and alimony can be claimed under the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act applies to a divorced Muslim woman who was married according to Muslim law and has been divorced by or has obtained divorce from her husband. Under this Act, a divorced Muslim woman is entitled to:
- A reasonable and fair provision and maintenance to be made and paid by her former husband within the iddat period (three months or till delivery of child).
- A reasonable and fair provision and maintenance to be made and paid by her former husband for two years from the date of birth of each child.
- An amount equal to the Mehr or dower agreed to be paid to her at the time of marriage or any time thereafter according to Muslim law.
- All properties given to her before or at the time of marriage or after her marriage by her relatives, friends, husband or his relatives or friends.
If a divorced Muslim woman is unable to maintain herself after the iddat period, she can apply to the magistrate for an order directing such of her relatives who would be entitled to inherit her property on her death according to Muslim law, to pay such reasonable and fair maintenance as he may determine. If she has no such relatives or they are unable to pay, then the magistrate may order the State Wakf Board to pay such maintenance as he may deem fit.
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