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.
What is difference between Alimony and Maintenance?
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.
How and where to file application for Maintenance?
A Case has to be filed in the family court with documents like marriage certificate and photographs and other required documents.
Can wife claim Maintenance without getting divorced?
Yes, she can if wife is living separately from husband for various reasons.
Can husband refuse to pay Maintenace to wife?
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.