Category: Divorce and Maintenance Law

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If the circumstances of any individual receiving or paying such monthly payment for maintenance or interim maintenance change, the Magistrate may make the necessary changes.

Parties may also be involved in civil litigation. The outcome of civil action may necessitate a change or variation in the maintenance order. When it appears to the Magistrate that any order of maintenance should be annulled or changed as a result of a decision of a competent Civil Court, he has the authority to do so.

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An application for maintenance may be filed against any person, liable to pay the same, in any district- 
(a) where he is, or 
(b) where he or his wife resides, or 
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

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You, as the applicant, may be responsible for any litigation costs spent while the application for maintenance is pending. If you are entitled to maintenance, an order of litigation expenses can be entered in your favour and against the person who is responsible for paying interim maintenance.

To minimise the claimant’s inconvenience, the legislation requires that applications for interim maintenance and proceeding expenses be resolved within 60 days after the date of serving of notice.

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A petition or application for monthly maintenance takes a long time to be decided. As a result, interim maintenance is provided, which means that while an application for maintenance is pending, a Magistrate may order the person due to pay a monthly allowance to the person entitled.

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Before issuing such an order in favour of the applicant, the Magistrate must be satisfied that the person who neglects or refuses to maintain has sufficient means.

If a woman seeks maintenance in the capacity of a wife, she must be unable to support herself. In the case of a claim for maintenance in the capacity of a child, legitimate or illegitimate minor children, married or unmarried, can make a claim for maintenance if they are unable to support themselves.

Even if they have reached the age of majority, they can still seek maintenance if they are unable to support themselves due to a physical or mental abnormality or injury.

A married daughter is not eligible to receive such maintenance. In the case of a minor married female child, she is entitled to maintenance.

if she is unable to support herself, until she attains majority, if the Magistrate is satisfied that her husband lacks sufficient means

When you are unable to support yourself, you have the right to maintenance as one of the parents.

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When any person neglects or refuses to maintain- 
(a) wife, 
(b) children, 
(c) parents, 
they can claim maintenance by filing an application before the Magistrate.

Such maintenance is granted at whatever monthly rate the Magistrate deems appropriate.

You are entitled to maintenance if you are a woman who has been divorced by your husband or who has obtained divorce from your husband.

A wife, on the other hand, cannot claim maintenance if she is living in adultery or refuses to live with her husband for any reason. She cannot claim such maintenance if she remarries after the date of her divorce. A husband may apply for the cancellation of any such order of maintenance on any of these grounds.

Even if the husband and wife live separately by mutual consent, the wife is not entitled to such maintenance.