Maintenance laws can be defined as the financial support that is provided by one spouse to another after legal separation. In most cases, it is provided when a spouse is not capable of taking care of his/her basic needs. There are two types of maintenance laws, which include the Interim maintenance amount that is given while the court proceedings are on and the final amount that is given at the time of legal separation.
Permanent maintenance laws are provided to the wife or husband under Section 25 of the Hindu Marriage Act for his or her support and sustenance. In case the wife is a working woman and still, there is a considerable difference between her earnings and that of her husband, she will still be granted Support to maintain the same living standard as her husband provided her.
In case the wife is not earning, the amount of money will be decided to take into consideration her age, educational qualifications, and her ability to work or earn in the future. In case the wife is earning and the husband is disabled or not fit to work, the maintenance laws amount is granted to the husband by the court.
There is no set formula or hard rule that decides how much maintenance laws need to be paid by either spouse to the other one. The maintenance laws amount can be provided as a monthly or periodical payment or in the form of a lump-sum amount as a one-time payment.
If the maintenance laws are being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the maintenance laws are being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband’s total worth.
The other factors that are taken into consideration by the court while calculating the maintenance laws amount include:
Keeping in mind the range of factors and the specific circumstances of each case, the court grants maintenance laws in accordance. Hence, there are no set maintenance laws as the situation is different for every couple.
When a couple decides to get legal separation mutually, whether maintenance laws or maintenance needs to be paid or not is decided by them in agreement. This amount of maintenance laws or sustenance is either granted to the wife by the husband or to the husband by the wife. It is subject to the agreement between the couple. The court, under the legal separation maintenance rules, gives directives to the couple on the mutual agreement. The couple is then legally bound to follow it.
In case, there is a change in circumstances after the permanent maintenance law is decided, either of the parties can file a legal separation Petition in court. These changes could include the wife remarrying, the wife starting to earn more than her husband, or the husband being unable to maintain his wife due to financial crisis, the maintenance law the paying spouse starting to earn more, or the maintenance laws the receiving spouse getting richer. In all these cases, one can go to court and see if there is any scope for change.
According to the maintenance laws calculator in India, any type of jewellery including gold, silver, alloy, and precious stones, fixed assets such as property, and other assets such as cars, furniture, paintings, appliances, and artifacts all belong to the wife. These could be presented to her before, after, or during the marriage.
In addition, gifts presented to her by anyone are her property too. These could be from her husband, in-laws, relatives, friends, and acquaintances. The earnings of the wife before or after marriage are also her property.
The wife does not have any right to any jewellery, valuables, or gifts gifted to the husband by the wife’s parents before, after, or during the marriage. Any asset that was bought by the husband in the wife’s name, without passing it on as a gift, also does not belong to the wife. If the wife has spent any of her earnings on the household, those cannot be claimed.
In India, as per Laws of maintenance laws, it can be provided to any spouse. But in most cases, it is awarded to the wife by her husband.
There are different laws for maintenance under different Acts are as mentioned below;
These are the exact maintenance laws in India and should be kept in mind when a couple is deciding to get a legal separation. You should be prepared beforehand and be aware of all the laws and regulations.
Established in 2010, we offer expert legal solutions with a focus on quality and ethics. Specializing in criminal and family laws, we've won 1000+ cases with updated legal knowledge and advanced technology.