Nitish Banka

    • How to claim maintenance..

    Maintenance is a right which a husband, wife ,children and old parents can exercise under various provisions of law.Now which provisions are applicable in your case you can have a look below.

    Maintenance U/S 24  HMA

    1. It is maintenance pedente lite, ie during the pend-ency of any proceedings under HMA(Hindu Marraige Act)
    2. Claimed by both husband or wife.
    3. To be filed with proceedings of divorce, Restitution of conjugal rights,Maintenance u/s 25, annulment cases

    caution : If you are filing cases under 498a or under DV act application U/S 24 is not maintainable.

    Scope: Temporary in nature only till pend ency of certain proceeding.

    Maintenance under Section 25 HMA

    1. Both husband and wife are entitled to permanent maintenance throughout such period not exceeding their life.

    2. Longer time

    3. However if wife remarries or husband have a sexual intercourse outside wedlock the maintenance can be denied.

    4. Section 24 and 25 should be filed together for greater relief.

    Scope-:only till the time party don’t marries.

    Maintenance under DV act

    Under S19 and S.20, residential orders as well as monetary orders can be passed by the magistrate during the pend ency of the proceedings under the DV act.

    Orders under S.19

    (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

    (b) directing the respondent to remove himself from the shared household;

    (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

    (d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;

    (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

    (f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:

    Orders under S. 20

    Any order to compensate with–:

    (a) the loss of earnings;

    (b) the medical expenses;

    (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

    (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

    Only women can claim maintenance under the DV act.The maintenance under DV act is of shorter duration but easily enforceable as due to involvement of CrPC provisons. If you don’t need divorce and husband is cruel to you go for DV act.

    Maintenance under 125 CrPC

    Wide ambit covering wives, children(legitimate or illegitimate), parents. If wife cant prove cruelty then this is the best remedy to get maintenance, as some penal provisions are involved it guarantees enforce ability. The maintenance under 125 is of longer duration. Wives with children are the beneficiaries.

    Maintenance is legal right and weak parties are free to choose their remedy depending upon circumstances.