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VOL. 6, ISSUE 2 (2024)
Socio-legal study of maintenance in India
Authors
Dalpat Singh, Suman Rinwa
Abstract
This paper deals with Maintenance of wife
under Hindu Marriage Act. The concept of maintenance aims at putting the wife
back to the same position of comfort and lifestyle as she was at the time when
her marriage existed. There is no fixed amount of maintenance that the husband
is liable to pay to his wife, and it is upon the discretion of a family court
to fix the amount of maintenance that the husband needs to pay either on a
monthly basis or in form of a lump sum. Maintenance to wife is a very
complicated issue under Hindu Marriage Act. It is often stated as a mean to
exploit the husband by asking alimony for life. Section 24 of Hindu Marriage
Act, 1955 (The Act) states that either husband or wife may claim maintenance
pendent lite i.e. maintenance till the proceedings are in process. Further,
section 25 of the Act states the grounds for permanent alimony. Maintenance to
wife refers to the payments, which a husband, under certain circumstances is
under an obligation to pay. Obligation of payment of maintenance can either
during the subsistence of the marriage or after the dissolution of the
marriage. The most important aspect of maintenance is that the party which
relies on maintenance has no independent source of income to support
himself/herself. The quantum of maintenance and the expenses of the proceedings
have not been specified in any of the Indian Matrimonial statutes except the
Divorce Act.
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Pages:49-53
How to cite this article:
Dalpat Singh, Suman Rinwa "Socio-legal study of maintenance in India". International Journal of Law, Policy and Social Review, Vol 6, Issue 2, 2024, Pages 49-53
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