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Navigating alimony and maintenance disputes can be complex and emotionally taxing. Our experienced legal team is dedicated to providing comprehensive support, ensuring fair and just outcomes in all alimony and maintenance-related matters.

Expert Legal Assistance for Alimony and Maintenance Cases

Legal advice on determining and negotiating fair maintenance or alimony amounts based on eligibility of the applicant.

Representation in court for contested alimony or maintenance claims.

Assistance with filing or modifying maintenance and alimony orders in accordance with changes in circumstances.

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Maintenance Provisions in Indian Law

The Indian law provides various provisions under different acts for the maintenance of a wife, children, aged or infirm parents, widowed daughter-in-law and dependents. The term ‘maintenance’ means financial support provided by one spouse to the other, or to the old age dependant parents, or to the child which includes financial support for their well-being and for their sustenance needs like food, clothing, residence, education, and medical attendance.Alimony” is financial support that is directed by the court, one spouse has to pay to other spouse after the divorce who doesn’t have adequate means to lead a life after divorce. Alimony is one time lump sum payment whereas maintenance is recurring or periodic payment.

Factors Considered for Awarding Maintenance/Alimony

While awarding maintenance/ alimony the court shall take into consideration –:

  • The income and property of the applicant
  • The respondent's capacity to pay and financial resources
  • The standard of living the applicant is accustomed to during marriage
  • Needs of the applicant (age, health, and employment potential of the spouse)
  • Duration of marriage
  • Conduct of the parties (including cruelty or desertion, etc.)

Maintenance Pendent-Lite

As per HMA, either the husband or wife can claim maintenance pendent-lite that means during the pendency of matrimonial proceedings, it includes divorce and judicial separation. The court may award a reasonable amount towards the necessary expenses of the proceedings and interim maintenance, considering the income of both spouses. On presentation of application of either spouse, the court may grant permanent alimony and maintenance post-decree of divorce or judicial separation, either as a lump sum or in periodic payments.

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