Maintenance Law- Matrimonial Disputes के Top Advocate ने बताया maintenance law की कमियाँ। скачать в хорошем качестве

Maintenance Law- Matrimonial Disputes के Top Advocate ने बताया maintenance law की कमियाँ।

#maintenance #husband #wife #familycourt #matrimonialcases #matrimoniallaw #child #father #mother #divorce #498aipc #bnss #bns A person is entitled to basic amenities like food, clothing, shelter and other necessary requirements to live a dignified life. Under the principles of social justice, it is the natural duty of a man to provide these amenities to his wife, parents and children in the form of maintenance. The Maintenance law in India lays down the duty of a man to provide maintenance to his parents, wife, and children when they are unable to maintain themselves. Maintenance in law is defined as the amount which is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly instalments. Section 125 of the Code of Criminal Procedure, 1973 lays down the concept of maintenance in India, along with the different personal laws that extend the right of maintenance to not only the wife but also to her parents and children as well. Personal laws relating to maintenance in India are applicable to people belonging to those religions, whereas the maintenance claim under Section 125 of the CrPC can be filed by anyone regardless of religion or caste. Law of maintenance in India lays down the procedure as to how to claim maintenance for a child in India and also for a wife. Maintenance under Hindu Laws Can a wife claim maintenance from her husband? Maintenance under the Hindu Adoption and Maintenance Act, 1956 is provided as a right to a wife to claim maintenance from her husband. A wife can file a maintenance case under the Act in India against her husband when she is unable to maintain herself financially. The court will consider the financial position of the husband and reason for which the wife is separated from her husband, before awarding maintenance to her. However, a wife who claims maintenance under personal laws cannot claim maintenance under criminal procedural laws.  The Hindu law or family law in India recognises the right of a wife, children, aged parents and widowed daughter or daughter in law to receive maintenance. Under matrimonial laws, if the husband is ready to cohabit with the wife, the wife’s claim to maintenance is rejected. However, a Hindu wife is entitled to reside separately from her husband without forfeiting her maintenance claim under the Hindu Adoptions and Maintenance Act, 1956. The Act envisages certain situations in which it may become impossible for a wife to continue to reside and cohabit with the husband but she may not want to break the matrimonial tie for various reasons ranging from growing children to social stigma. There is a misconception that a working woman is not entitled to claim maintenance as she is earning and is thus able to maintain herself. The Indian courts have recognised the right of maintenance of a working woman and held that an estranged woman can claim maintenance from her husband even is she earns a monthly income, which is not enough for her to maintain herself. Thus, under the family law in India, an earning wife is entitled to maintenance under maintenance laws in India. Top Family Lawyers will help assist and guide you throughout the procedure of Indian maintenance system and case laws. Top Matrimonial cases Advocate Yogesh Bhasin Family Disputes Lawyer Yogesh Bhasin Marriage Disputes Lawyer Yogesh Bhasin Hi! Welcome to the Legal Reporter official media YouTube channel of JustNyay.com, an online legal consultancy company, founded & promoted by versatile Journalist, Media entrepreneur & start up evangelist Viplava Awasthi who have more than 20 years of experience in Legal Reporting. We have engaging content for everyone; Lawyers, Judges, Law students, consumers, common public. Daily upload of Videos on the latest Legal & Judicial News, Views, Events, Court Judgements, Commentary, and Analysis to keep you better informed. Interviews with who’s who of Indian legal fraternity. Media Venture- Instagram-   / legal.repor.  . Facebook-   / legalreporter   Youtube- https://www.youtube.com/channel/UCBbi... Commercial Venture- Website- www.justnyay.com Email- [email protected]