This paper is published in Volume-7, Issue-2, 2021
Area
Law
Author
Swetha Sree V.
Org/Univ
Presidency University, Bengaluru, Karnataka, India
Pub. Date
05 April, 2021
Paper ID
V7I2-1287
Publisher
Keywords
Maintenance, Alimony, Spouse, Grounds, Discretion

Citationsacebook

IEEE
Swetha Sree V.. Law of maintenance under hindu law, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARIIT.com.

APA
Swetha Sree V. (2021). Law of maintenance under hindu law. International Journal of Advance Research, Ideas and Innovations in Technology, 7(2) www.IJARIIT.com.

MLA
Swetha Sree V.. "Law of maintenance under hindu law." International Journal of Advance Research, Ideas and Innovations in Technology 7.2 (2021). www.IJARIIT.com.

Abstract

This paper deals with the Maintenance of wife under the Hindu Marriage Act. The concept of maintenance aims at putting the wife back in the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it's upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum. Maintenance to wife is a very complicated issue under Hindu Marriage Act. It is often stated as a means to exploit the husband by asking alimony for life. Section 24 of the Hindu Marriage Act, 1955 (the Act) states that either husband or wife may claim maintenance pendent lite i.e. maintenance till the proceedings are in process. Further, section 25 of the Act states the grounds permanent alimony. Maintenance to wife refers to the payments, which a husband, under certain circumstances is under an obligation to pay. The obligation of payment of maintenance can either during the subsistence of the marriage or after the dissolution of the marriage. The most important aspect of maintenance has no independent source of income to support himself/herself. The quantum of maintenance and the expenses of the proceedings have not been specified in any of the Indian Matrimonial statuses except the Divorce Act.
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