Wife can claim maintenance from the husband even without divorce and in case the husband denies, the wife can claim maintenance under different acts: Hindu Marriage Act, Domestic Violence Act, Criminal Procedure Code.
Section 37 of Divorce Act 1869 states that the District Court is empowered to order the husband to pay a reasonable amount to the wife till her lifetime when a decree of dissolution or judicial separation is obtained by her.
If Maintenance Not Paid:
In Bandra family Court’s landmark’s case, where husband failed to give maintenance was sentenced to 30 days of civil imprisonment for failure to pay arrears totaling to Rs 32,00,000/- (Rupees Thirty Two Lakhs) as he failed to give sufficient reasons for his inability to pay the maintenance.
In another case of Bombay High Court, one husband of 42 years old had filed divorce on the grounds of desertion and cruelty and his 40 years old wife asked maintenance where court ordered Rs. 25,000/- each (Rupees Twenty Five Thousand) for wife and two children and on non-payment of maintenance wife went to the family court under the provision of Domestic Violence Act for his arrest of husband as he has not paid the arrears. High Court took him into custody and sent him to civil imprisonment and court stated, “he was given sufficient opportunities to clear arrears of maintenance.”
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Other Remedies:
Court of law provides other remedies apart from imprisonment. When the husband fails to provide maintenance, the wife shall proceed with execution proceedings. In failure of its adherence to the same court can issue non-bailable warrants on the name of husband. His property could be attached in order to recover the amount.
One can initiate criminal proceedings if the husband fails to comply with the order. The important observation the court makes is that the husband shall have sufficient means to dispose of his duty. If he maliciously disobeys the court the husband shall be punished as per laws and rules. The primary approach of the husband shall be to make sure that he follows the order of the court order.
Criteria of Maintenance:
- Husband’s wife’s behaviour towards each other
- Details of children
- Details regarding divorce
- Duration of separation
- Financial Status of both the Parties
- Grounds of Maintenance
- Conditions of married life
Maintenance is financial assistance that is given by a husband to his wife for easement of survival post divorce or during separation even before the decree is passed. Court orders the husband to pay maintenance to his wife post divorce and may issue conditions and certain restrictions while imposing the maintenance order on the husband. court takes such decisions considering the economic status, or peculiar facts of the cases. However, there could be situations when the husband fails to comply with the court’s decision of maintaining his wife or children.
Lead India provides you the assistance of expert lawyers in execution of maintenance orders passed by the court.
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