Maintenance Planning l Section 125 CrPC l Section 144 BNSS l Dr. Jinesh Soni l 2025 скачать в хорошем качестве

Maintenance Planning l Section 125 CrPC l Section 144 BNSS l Dr. Jinesh Soni l 2025

In India, a wife can claim maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC), or through the Hindu Marriage Act, and the amount is determined by courts considering factors like the wife's needs and the husband's income and assets. Here's a breakdown of key aspects of wife maintenance planning in India: 1. Legal Basis: Section 125 of CrPC: This section allows a wife to seek maintenance from her husband if she is unable to maintain herself and her husband has the means to do so. Hindu Marriage Act, 1955: This act also provides for maintenance, including interim (during court proceedings) and permanent maintenance (after divorce). Section 18 of the Hindu Adoption and Maintenance Act, 1956: This section entitles a Hindu wife to claim maintenance from her husband during her lifetime while living separately from him. 2. Factors Considered by Courts: Wife's financial needs: Courts assess the wife's ability to support herself, considering her earning capacity and the standard of living during the marriage. Husband's income and assets: The court considers the husband's ability to pay maintenance, taking into account his income, assets, and liabilities. Standard of living during the marriage: The court aims to ensure the wife receives maintenance that allows her to maintain a standard of living comparable to what she had during the marriage. 3. Types of Maintenance: Interim Maintenance: This is granted during the pendency of court proceedings, ensuring the wife has financial support while the case is ongoing. Permanent Maintenance: This is awarded after a divorce or separation, providing ongoing financial support to the wife. Alimony: This is a term used for the financial support paid to a spouse after a divorce. 4. Maintenance in Mutual Divorce: Spouses can agree on alimony in a mutual divorce settlement. If they cannot agree, the court will determine the amount based on the financial situation of both parties. 5. Enforcement of Maintenance Orders: A copy of the maintenance order is provided to the person in whose favor it is made. Any Magistrate in India can enforce the order where the person obligated to pay maintenance lives. The Magistrate must be satisfied that the conditions for enforcement are met. 6. Key Judgments and Legal Developments: The Supreme Court has ruled that maintenance ensures a wife's financial independence and dignity. In some cases, courts have ordered that a certain percentage of the husband's net salary be paid as maintenance. The Supreme Court has also held that a wife can claim maintenance even if she refuses to live with her husband despite a decree for restitution of conjugal rights. A well-educated wife should not remain idle solely to gain maintenance from her husband. The Supreme Court has also held that a woman is entitled to claim maintenance from her second husband even if her previous marriage was legally subsisting. Dr. Jinesh Soni Advocate 9772946899 #section125crpc #soniarenaajmer #maintenance #maintenanceupdate #wife