Maintenance Lawyer in Mumbai

The Amount payable by husband to wife (or by wife to husband) who is unbale to maintain himself/ herself financially during divorce is called Maintenance. Maintenance includes all basis needs such as food, shelter, clothing and other facilities to lead a good standard of living.

Types of Maintenance

There are two types of maintenance:

1 Temporary or Interim Maintenance: Temporary maintenance is granted by the court which is payable from date of petition filling to divorce decree granted by the court. This amount is paid by the financially Independent spouse to the dependent. 


2 Permanent Maintenance: This amount is payable after the announcement of divorce decree by the court. It can be a gross sum, periodically or monthly basis as ordered by the  court.

Laws Governing Maintenance in Mumbai, India

Given Below are various personal laws governing Maintenance In India:

  • Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956
  • Muslim Women  Act, 1986
  • Parsi Marriage and Divorce Act, 1936
  • Indian Divorce Act, 1869
  • Criminal Procedure Code 1973
  • Special Marriage Act,1954

Basis for calculation of Maintenance

The court may consider following points for calculation of Maintenance:

1 Social status of both husband and wife.

2  The income of spouse claiming for maintenance. 

3 The number of dependent members.

4 The income of spouse providing maintenance.

5 Value of movable and immovable properties of spouse claiming maintenance.

6 Lifestyle of spouse.

Alimony is one time payment generally paid once divorce is finalized where as maintenance is temporary or permanent which is paid on continuous period of time.

A Case has to be filed in the family court with documents like marriage certificate and photographs and other required documents.

Yes, she can if wife is living separately from husband for various reasons.

yes,  a wife is not entitled to maintenance if she is liable for adultery, refusing to live with her husband without any sufficient reasons or if the divorce is sought by mutual consent.

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