Law of Maintenance in India is governed by the following laws/Acts:
• Section 125 Cr.P.C. ( Code of Criminal Procedure)
• Domestic Violence Act
• Section 24 of the Hindu Marriage Act
• Section 18 of the Hindu Adoption and Maintenance Act
A wife can seek maintenance under any of the aforementioned laws. The provision of Domestic Violence has brought specifically the concept of the right to the residence. The right to residence means that living in the matrimonial home or shared house or husband is providing alternate accommodation of the same status where parties were living at the time of separation.
Section 18 of the Hindu Adoption and Maintenance Act provides, amongst others, wife and children claim to seek maintenance from the spouse. This section being an exclusive civil suit for maintenance, there is a more widespread pleading & detailed analysis of the claim of maintenance.
Section 125 Cr. P.C's claim for maintenance was earlier decided by the Metropolitan or Judicial Magistrate. Now, since commencement and regulation of the Family Courts Act, such proceedings under section 125 takes place before the Family Court of competence Jurisdiction.
Section 24 of the Hindu Marriage Act is invoked when there is a petition already pending of the nature of annulment of marriage, judicial separation, Restitution of Conjugal Rights. For a better understanding of these, you should consult a Divorce Lawyer.
In all the above cases maintenance can be claimed. The general law states that maintenance is given in one proceeding shall be adjustable in case of maintenance is awarded by any other Court in proceedings as defined above.
Consult a divorce lawyer for a stress-free process
If you are still facing any issue or having doubt, then consulting the best divorce lawyer in Delhi is very important for desired outcomes legally. If you want to file a divorce against your Spouse then feel free to consult Matrimony advocate in Delhi or you may visit their offices/chambers after taking prior appointment.
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