ALL YOU NEED TO KNOW ABOUT MAINTENANCE CASE / PROCEDURE FOR MAINTENANCE
Intoduction to Maintenance
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouses who does not have sufficient means to maintain him/her self. Maintenance can also be classified into two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting the case. Quantum of such maintenance is dependent on a variety of factors but the most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
Permanent Maintenance: It is awarded at the time when the whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.
MAINTENANCE LAW IN INDIAThere are various laws that govern within the aspect of maintenance in India. Such laws are under:
- Section 125 Cr.P.C Maintenance
- Section 24 Hindu Marriage Act
- Section 18 Hindu Adoption and Maintenance Act
- Provisions under the Domestic Violence Act
Each case and situation calls for initiating a proceeding under any one of the above law. At times, claim for maintenance is filed under more than one law. Thus, the petitioner can file a claim for maintenance under more than one provision like under section 125 Cr.P.C as well as under section 24 of the Hindu Marriage Act. Practically speaking, the law is settled that the Petitioner would be entitled for higher maintenance if two courts have passed different amounts towards maintenance to the wife. But, the wife will not be entitled to have a maintenance of total sum from two courts. Thus, Court in 125 Crp.C proceedings grants 20,000 rupees while in proceedings under section 24 grants 15000 per month then wife will be entitled to have Rs.20,000 and not 35000 per month. The higher amount is to be paid and not cumulative.
WHO CAN FILE CASE FOR MAINTENANCE
A case for maintenance can be filed by the wife for herself as well as for children from the husband. Law also provides maintenance to be claimed by parents.
WHERE CAN I FILE CASE OR CLAIM FOR MAINTENACE
A case for maintenance can be filed by the lawyer(maintenance) at either of the following place under section 125 Cr.P.C: –
- Place where the wife is residing
- Place where Respondent is residing
In case of an Application under section 24 HMA, wherever the case is pending.
In case of Domestic Violence, a maintenance case can be filed at either of the following jurisdiction or Court:
WHAT ARE THE FACTORS ON WHICH MAINTENANCE IS GRANTED
- Place where complainant herself resides either permanently or temporarily
- Place of work of the complainant either business or employment
- Place where Respondent resides or carries on business or works
- Place where the cause of action had taken place
There are several factors that are considered by the Court while granting maintenance which is listed below and by no means these are exhaustive : The income of the husband
Is there any formula on the basis of which maintenance is calculated?
- The income of the wife, if any
- Background and status of parties
- Movable and immovable properties
- Life style
- Expenditure on household
- Expenditure towards education and School of the children
- Age of dependent children
- Model of Car being used
- Mode of travel
There is no fixed formula to determine maintenance in India. It is difficult to lay. Recently, the Supreme Court said that it should be at least 25 % of the income of the husband. Also, often formula as laid Annurohita case is laid that says that earning members will be entitled to one extra portion of himself after equal appropriation of the income amongst all family members. It would be safe to say that maintenance can be varied from a lower range of 25 percent to about 50 percent of the income.
What are the documents filed by parties in a case for maintenance?
Both parties are required to give financial disclosure of their assets and liabilities. In Delhi and now in Punjab and Haryana, it is mandatory to file an affidavit of income detailing all sources of income, expenditure, liabilities, etc. Both husband and wife are required to furnish the following documents:
- Salary Slips (of six months)
- Income tax return of three years
- FORM 16/COST TO COMPANY(CTC)
- Bank accounts statement of three years(All bank accounts)
- Bills of credit card/s
- Pan Card and passport
We at Divorce Lawyers have been successfully prosecuting as well defending a claim for maintenance. We believe that determination of maintenance decides the course of the litigation as well as it pace and longevity. Therefore, being top maintenance lawyers, we have polished nuances to deal with complex issues of determination of maintenance. The art of practical advocacy as top maintenance lawyers are being practiced and implemented every day in and out. This results in our huge success in the matrimonial law.