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Notice for Maintainance

When a person fails or refuses to provide for their wife, children, parents. By submitting a claim to the Magistrate, they might make a claim for maintenance.

Such maintenance is provided at whatever monthly amount the magistrate deems appropriate. Women who have been divorced by their husbands or who have successfully secured a divorce from their husbands are entitled to maintenance.

For-maintenance-law

However, a wife is not eligible to get maintenance if she is living in adultery or if she refuses to remain with her husband for whatever reason. She will not be eligible to receive any such support if she marries again after the date of her divorce. A husband may request the revocation of any such maintenance order on any of these reasons.

Even in that case, the wife cannot make a maintenance claim if the husband and wife have agreed to live apart.

The Magistrate must be convinced that the individual who neglects or refuses to support must have sufficient means before any such order is granted in the applicant's favor.

In order to be eligible for maintenance as a wife, the claimant must be unable to support herself. Whether they are married or not, legitimate or illegitimate minor children who are unable to support themselves may make a claim for maintenance in the capacity of a child.

Even if they are of legal age, they may still request maintenance as long as they are unable to support themselves due to a physical or mental injury or abnormality.

Daughter who is married is not eligible to request such maintenance. If the child is a minor married woman, she would be eligible to make a support claim.

If the Magistrate is convinced that her husband does not have adequate wealth, she may get support from her father until she reaches adulthood if she is unable to support herself.

There are always various factors counted for the maintenance, hire best Advocate Rohan Yemul for desired results.

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