If you’re an Indian woman seeking maintenance from your husband, this guide is for you:

“Getting Maintenance from Your Husband”.

We cover the legal options available for spousal support and provide practical advice for navigating the process in India.

From understanding your rights to filing a maintenance claim, this article offers valuable information to help you get the financial support you deserve. Read on to learn more about getting maintenance from your husband in India.

Table of Contents:

1. Introduction
2. What is maintenance?
3. Who can claim maintenance?
4. Types of maintenance a. Permanent maintenance b. Interim maintenance c. Monthly maintenance
5. Grounds for claiming maintenance a. Desertion b. Adultery c. Cruelty d. Conversion to another religion e. Mental or physical incapacity
6. How to file for maintenance? a. Jurisdiction of courts b. Procedure for filing maintenance petition c. Documents required for filing maintenance petition
7. Factors determining the amount of maintenance
8. Duration of maintenance
9. Termination of maintenance
10. Remedies against non-payment of maintenance
11. Conclusion
12. FAQs

1. Introduction

Marriage is considered as a sacred bond between two individuals. However, in some cases, marriages turn out to be unsuccessful, and the partners may decide to separate. The process of separation can be emotionally, mentally, and financially draining, especially for the spouse who has little or no income. To protect the interests of such spouses, the Indian legal system provides for the concept of maintenance.

2. What is maintenance?

Maintenance is the monetary support provided by one spouse to another during and after the legal separation. The objective of maintenance is to ensure that the dependent spouse can maintain a reasonable standard of living.

3. Who can claim maintenance?

Maintenance can be claimed by either the husband or the wife. However, it is more commonly claimed by the wife as in most cases, the husband is the breadwinner of the family.

4. Types of maintenance

In India, there are three types of maintenance that can be claimed by the spouse:

a. Permanent maintenance: This type of maintenance is awarded by the court at the time of the final divorce decree. The amount of permanent maintenance is fixed based on the financial capacity of the husband and the needs of the wife.

b. Interim maintenance: This type of maintenance is awarded during the pendency of the divorce case. It is awarded to the spouse who is unable to support himself/herself.

c. Monthly maintenance: This type of maintenance is awarded when the husband and wife are living separately without a formal divorce. Monthly maintenance can be claimed by the wife from the husband.

5. Grounds for claiming maintenance

The Indian legal system recognizes several grounds for claiming maintenance. They are:

a. Desertion: If the husband deserts the wife without any reasonable cause, the wife can claim maintenance.

b. Adultery: If the husband has an extramarital affair, the wife can claim maintenance.

c. Cruelty: If the husband is cruel to the wife, either physically or mentally, the wife can claim maintenance.

d. Conversion to another religion: If the husband converts to another religion, the wife can claim maintenance.

e. Mental or physical incapacity: If the husband is mentally or physically incapacitated, the wife can claim maintenance.

6. How to file for maintenance?

a. Jurisdiction of courts: The petition for maintenance can be filed in the court where the wife is residing or where the husband is residing or where they last resided together.

b. Procedure for filing maintenance petition: The petition for maintenance can be filed by the wife or her authorized representative. The petition must contain the grounds for seeking maintenance and the amount of maintenance claimed.

c. Documents required for filing maintenance petition: The documents required for filing the maintenance petition are marriage certificate, income proof of the husband, proof of expenses of the wife, and any other relevant documents.

7. Factors determining the amount of maintenance

The amount of maintenance is determined based on various factors such as the income and property of the husband, the needs and expenses of the wife, the standard of living of the parties, and the duration of the marriage. The court may also take into consideration the education level, earning capacity, and age of the spouse claiming maintenance.

8. Duration of maintenance

The duration of maintenance varies depending on the type of maintenance awarded. Permanent maintenance is awarded until the death or remarriage of the wife. Monthly maintenance is awarded until the wife remarries or starts living with another man in a relationship similar to marriage. Interim maintenance is awarded until the final disposal of the case.

9. Termination of maintenance

Maintenance can be terminated under certain circumstances, such as the remarriage of the wife, the death of the wife, the change in the financial status of either spouse, or the non-compliance of the wife with the terms of the maintenance order.

10. Remedies against non-payment of maintenance

If the husband fails to pay the maintenance amount, the wife can approach the court for the enforcement of the order. The court may impose penalties or imprisonment on the husband for non-compliance.

Conclusion

Maintenance is an important concept that provides financial support to the spouse who is economically dependent on the other. The Indian legal system recognizes the right of the wife to claim maintenance from the husband under certain circumstances. The amount of maintenance and its duration are determined based on various factors. In case of non-payment of maintenance, the court has the power to enforce the order.

FAQs

Q1. Can a husband claim maintenance from his wife in India?

A1. Yes, a husband can claim maintenance from his wife if he is unable to support himself due to any physical or mental disability.

Q2. Can a wife claim maintenance from her husband after divorce?

A2. Yes, a wife can claim permanent maintenance at the time of divorce and monthly maintenance if the husband and wife are living separately without a formal divorce.

Q3. Can a wife claim maintenance if she has her own income?

A3. Yes, a wife can claim maintenance even if she has her own income if her income is not sufficient to maintain a reasonable standard of living.

Q4. Can a husband refuse to pay maintenance?

A4. No, if maintenance is ordered by the court, a husband cannot refuse to pay it. Failure to pay maintenance can lead to penalties or imprisonment.

Q5. Is there a time limit for claiming maintenance in India?

A5. No, there is no time limit for claiming maintenance in India. However, it is advisable to claim maintenance at the earliest to avoid delay in the legal process.