MAINTENANCE CASE LAWYER IN NOIDA
A person who is unable to maintain herself, whether it’s a wife (including a divorced wife), a dependable parent or a child (including legitimate or illegitimate) of any religion, can claim the maintenance as per Section 125 of the Criminal Procedure Code, 1973 (CrPC). Maintenance claims for wives are also available in personal laws, like laws that are based on religious belief in society, as well as in secular laws, like the CrPC in India. The important aim of this provision is to provide support to the women who are not financially independent, who have not had any opportunities to earn money due to responsibilities of the household or children and family, and who are not destitute financially after the separation or divorce.
The main aim of this provision is that any person who, due to any reason like religious reasons or any other reason, is unable to claim maintenance can claim maintenance under this to avoid their financial destitution. If you’re searching for the best lawyers in Noida or a nearby place for claiming maintenance under Section 125 of the CrPC, then choosing a Right To Law firm for your legal help is the one-stop solution for all your queries and problems in this process. We have professional team members and lawyers in our legal team who have years of experience in handling and filing maintenance claims under Section 125 of the CrPC.
Filling any maintenance case and getting any order from court in this process is a difficult and lengthy process, but don’t worry. Once you choose us as your legal assistance in this process, our experienced lawyers will provide you legal assistance in each step in this process. By understanding your situation from both sides and, through detailed study of your case, providing you readymade solutions on your maintained case.
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Why choose Right To Law as legal help in your maintenance case in Noida
Right To Law Firm is one of the reputed law firms in handling maintenance cases in Noida and nearby areas of Noida, like Greater Noida and Ghaziabad. People from all religions and communities come to our firm for marital disputes, and we provide the best quality legal services in a cost-friendly manner. We have a legal team of lawyers who have years of experience in matrimonial cases with specialization in handling maintenance cases for secular laws like CrPC, as well as handling maintenance cases as per all religions and personal laws in India.
Right To Law firm understands that for any dependent person, whether it’s a wife, children or parents, the amount of maintenance is important. Our aim is to provide legal support and guidance to people who want to claim a maintenance amount in Noida or places near to Noida.
Which legal services are provided by the Right to Law firm in Noida?
- We do a detailed study of your case and advise you on the best legal consultation in the maintenance case. We try to provide personalized legal consultation for each case.
- Our experienced lawyers represent your case strongly in the court so you can receive fair financial support.
- Our experienced lawyers also provide assistance in the process of negotiation and mediation to help you reach your desirable settlements in this process.
- Our expert lawyers assist you in drafting petitions and affidavits and in submitting evidence.
- If the opposite party fails to comply with the maintenance orders, then we will assist you in taking legal action against it.
Which documents are required for filing a maintenance case?
- Aadhar Card of husband/wife
- Aadhar Card of minor children if any
- Passport Photos of Aggrieved woman & minor children (3)
- Marriage Photo (2)
- Wedding Invitation
- Marriage certificate
- Birth certificates of minor children if any
- Education fees receipts of the minor children
- Medical reports, if any
- 3 years bank statement of the petitioner
- Opposite party’s bank statement/Pay Slip/IT returns if available
- All evidence available (Photos of injury if any sustained in course of marriage, photos of extramarital affair, Videos, chat messages, mails, etc., call logs)
- Property documents, if available
- Previous court case history, if any.
Which legal provisions are used in maintenance cases?
Section 125 of the Code of Criminal Procedure, 1973
Section 125 of the CrPC, 1973, deals with the concept of maintenance in secular ways. This law is applicable to all religious persons, and this law is not only applicable to the wife but also to parents and children. It means that as per this laws wife,children, and parents can claim maintenance, whether they are from any religion.
Hindu Marriage Act, 1955
As per Section 24 of the Hindu Marriage Act, 1955, a spouse can claim temporary maintenance during the period of pending litigation of her divorce.
Hindu Adoptions and Maintenance Act, 1956
If the husband is guilty of treating his wife with cruelty, or the husband converted to another religion, or the husband has another living wife, or there is any other cause for living separately. Then the Hindu wife can claim for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956.
Muslim Women (Protection of Rights on Divorce) Act, 1986
This act specifically allows a Muslim woman to claim maintenance during the iddat period after the divorce or the wife can claim the same amount as maintenance that is decided as mahr or dower at the time of marriage. As well as she can claim for all property that was given by her relative friends or husband before, at the time of, or after marriage.
Parsi Marriage and Divorce Act, 1936
This act is applicable to all the Parsi women for claims of maintenance. As per this act, various factors are considered while determining the maintenance, like the husband’s earnings, his property, other assets, etc.
Indian Divorce Act, 1869
As per Section 37 of the Indian Divorce Act, 1869, a Christian wife can claim for maintenance in a civil court or High Court.
Which factors are noted while deciding maintenances amount
- The first factor considered by the jurisdiction is the income and financial status of the husband.
- The second factor considered is the wife’s own income. The court checks the earnings of the wife and the financial capacity of the wife. But if the wife is earning, that doesn’t mean she can’t claim for maintenance.
- The third important factor seen by the court is the lifestyle of the wife during the marriage period of the couple.
- The fourth important factor considered by the court is the duration of the marriage. If the marriage is for a longer period and the wife spent many years as a homemaker, then the amount of maintenance is generally higher.
- The fifth important factor is the age and health of the wife. If the court notices the wife having any health issues or being older in age, than the amount of maintenance decided by the court, is higher in such cases.
Frequently Asked Questions
What is the difference between alimony and maintenance in Noida or in India ?
Alimony is a one-time payment to the spouse and it is paid when the divorce is finalized. Where, in case of maintenance, it's either permanent or temporary and it will continue to be paid, mostly on a monthly basis.
In which conditions can a husband deny maintenance to his wife?
A husband can deny maintenance to his wife on various grounds, such as per Section 125(4) of the Criminal Procedure Code if the wife is committing adultery, or the wife refuses to leave with the husband without any sufficient reason or a divorce is filed as a mutual consent divorce. Then, with sufficient proof of this reason, the husband can deny the maintenance.
Is the amount of maintenance taxable in India?
The monthly maintenance amount is not taxable, but in the case of a lump sum payment, the amount can be taxable in India, it depends on the range of the amount.
What is the process of filling an application for a maintenance claim in Noida or any other place in India ?
The wife can fill application for maintenance under Section 125 of the CrPC in her near family or magistrate court where she currently resides or where her husband currently resides or last resided with her husband during the marriage.
Is the working wife eligible for a claim of maintenance?
Yes, a working woman is also eligible for claiming maintenance when her monthly income is significantly lower than her husband’s financial condition. It is a common belief in society that working women can not claim for maintenance but it's just a myth. When her income or financial conditions are not adequate to maintain her well-being, then she can claim maintenance. It's decided by the court whether working women are applicable or not for maintenance; it depends on each case individually.
How is the maintenance amount calculated ?
There is not any fixed way or calculation formula for deciding the maintenance amount. Various factors are noticed by the court, like the husband's financial position and the wife's rational needs. But in recent cases, the Supreme Court has given decisions that giving 25% of the husband’s income is ideal for providing maintenance to the wife. Because, as per the Supreme Court, the husband also has a family to maintain if he is remarried.