Maintenance generally refers to financial support provided to a person who is legally entitled to claim it under the applicable law.In matrimonial and family disputes, maintenance may be relevant forA spouse,A divorced spouse, where legally applicable,Children,Parents,Other persons entitled under specific personal or statutory lawsThe nature and availability of maintenance depend upon the applicable legal provision.
Alimony generally refers to financial support that may be awarded or agreed upon in connection with separation, divorce or matrimonial proceedings, depending on the applicable law.Alimony may take different forms, including:
· Lump-sum payment,Periodic payments,Permanent financial support,Other financial arrangements recognised under applicable law
Types of Maintenance and Alimony
Interim Maintenance
Depending on the applicable law, the court may consider an application for interim maintenance during:,Divorce proceedings,Judicial separation proceedings,Other matrimonial proceedings,Family law proceedings.The legal provision under which interim maintenance is sought depends upon the nature of the case.
Permanent Alimony
Permanent alimony refers to financial support that may be granted or arranged in connection with the conclusion of matrimonial proceedings, subject to the applicable law.Permanent alimony may be structured as:
· A lump-sum amount,Periodic payments,Other legally permissible arrangements
Child Maintenance
Depending on the applicable law, a child may be entitled to financial support for needs such as:· Food,Clothing,Education,Healthcare,Accommodation,Other reasonable expenses
Wife:A wife may seek maintenance where the statutory requirements of the applicable law are satisfied.
Divorced Wife:In certain circumstances, a divorced woman who has not remarried may be entitled to seek maintenance under applicable law.
Husband:Certain matrimonial statutes contain gender-neutral provisions that may permit a financially dependent husband to seek maintenance where the statutory requirements are fulfilled.
Children:Children may be entitled to maintenance from their parents according to the applicable law.
Parents:In specified circumstances, parents who are unable to maintain themselves may seek maintenance from their children under applicable law.
Can a wife claim maintenance during divorce proceedings?
Depending on the applicable law and circumstances, a wife may be able to seek interim maintenance during matrimonial proceedings.
Can a husband claim maintenance?
In certain cases, yes. For example, Section 24 of the Hindu Marriage Act is worded to permit a claim by either spouse if the statutory requirements are fulfilled.
Does a working wife automatically lose her right to maintenance?
No universal rule applies. Employment, actual income, earning capacity and the financial circumstances of both parties may be relevant to the determination.
Can a divorced woman claim maintenance?
Depending on the applicable law, a divorced woman may be entitled to maintenance in certain circumstances. For example, Section 144 of BNSS includes a divorced woman who has not remarried within its statutory definition of "wife," subject to the applicable requirements.