Q. If the wife is working, can she claim maintenance?
A. Yes, a working wife can claim maintenance according to Section 125 of the Code of Criminal Procedure.
Q. What does Section 125 provide?
A. Section 125 of the Code establishes a man's fundamental and inalienable obligation to provide for his spouse. Personal law cannot impact the statutory right provided by Section 125.
Q. Can a wife claim maintenance if she is educated?
A. Yes, a wife with education is entitled to get maintenance under Section 125 of the CrPC.
Q. Can maintenance be claimed by the husband under Section 125 of CrPC?
A. No, this can only be done under Section 24 of the Hindu Marriage Act.
Q. What is Section 127 of the CRPC?
A. Section 127 allows the Magistrate to alter a monthly allowance for maintenance or interim maintenance paid to a spouse, child, parent, or other qualifying individual under Section 125 of the IPC, provided they can provide evidence of a change in the relevant case's circumstances.
Q. How is the maintenance to be decided?
A. Maintenance depends upon factors like income, lifestyle, the total number of dependents, the liabilities of both parties, etc.
Q. Can maintenance be claimed by a divorced wife?
A. This can be done only under specified provisions of the Protection of Women from Domestic Violence Act.
Q. Under Section 125 of the Criminal Code, who can claim maintenance?
A. Section 125 includes all the dependents, i.e., the wife, parents, and children.
Q. Are alimony and maintenance different?
A. Yes, alimony has to be given by a spouse during a divorce or separation, while maintenance is provided for a person's living expenses and can be claimed by parents, children, or spouse.
Q. If the husband is unemployed, is he still liable to pay maintenance?
A. A specified amount has to be given under all circumstances.
Q. Are there grounds for no maintenance for the wife?
A. Section 125(4) specifies the grounds for no maintenance to the wife, such as in the case of adultery, desertion, or separation by consent.
Q. Can maintenance be rejected or cancelled?
A. Yes, if the woman has remarried, changed her faith, is living in adultery, or has left her husband's company without a valid reason or consent from both parties.
Q. What is the amount of maintenance to be given?
A. Although there isn't a set formula, it's usually equal to one-third of the husband's gross income.
Q. How can one claim maintenance for a child?
A. To file for maintenance for a child, one needs to file an application under Section 26 of the Hindu Marriage Act and Section 125 of Criminal Procedure.
Q. Can alimony be claimed by the husband?
A. This is only under the circumstance if the husband is unemployed or earning very less in comparison to the wife.
Q. What does maintenance imply?
A. According to Indian law, & quot maintenance& quot refers to the right to food, clothing, and housing, normally granted to the spouse, kids, and parents.
Q. Where to file for maintenance proceedings?
A. This has to be filed in a Family Court or a court of Judicial Magistrate of appropriate jurisdiction.
Q. For how long is the maintenance given to the wife?
A. Maintenance has to be given until she can earn a steady income or she remarries.
Q. What does interim maintenance imply?
A. An order directing the other party to pay a certain sum of money every month until the divorce is finalised is known as interim maintenance.
Q. Can there be an appeal against the order of maintenance?
A. Yes.
Q. What are the differences between interim maintenance and permanent maintenance?
A. While permanent maintenance accurately evaluates one's way of life, income, and expenses, interim maintenance aims to satisfy urgent and immediate basic needs.
Q. What does maintenance mean under the Hindu Adoption and Maintenance Act?
A. According to Section 3(b), maintenance includes expenses related to shelter, clothes, food, education, and health. It also states that if there is an unmarried daughter, reasonable expenses related to her marriage will also be included.
Q. Can maintenance be claimed by Muslim women under Section 125 of the Criminal Code?
A. Yes.
Q. When do children have the right to maintenance?
A. Children have the right to maintenance until they are eighteen (18) or mentally or physically incapable. An adult daughter who is not married may also be eligible for maintenance, according to the Hindu Adoption and Maintenance Act.
Q. Can maintenance be claimed by the second wife under Section 125 of the Criminal Code?
A. Yes.
Q. Will maintenance fall under the category of income?
A. No.
Q. Is there any income tax rebate if the husband provides maintenance to the wife or children?
A. No.
Q. Is proof of marriage required to claim maintenance under Section 125 of the Criminal Code?
A. Yes.
Q. Can a child claim maintenance from the mother?
A. Yes.
Q. Is the husband liable to pay for maintenance if the divorce is mutual?
A. Generally, the answer is yes, but it depends on the circumstances.
Q. If an Indian woman marries a foreigner, can she claim for maintenance under Section 125 of the Criminal Code?
A. Yes, but only if she is living in India.
Q. Can maintenance be claimed after a long period? Generally, of divorce?
A. Generally, the answer is yes, but it depends on the circumstances of the case.
Q. If the husband gets custody of the child, will the wife be liable to pay maintenance for the child?
A. She may be liable to pay for the maintenance of the child if it is proved that the husband is disabled or unable to earn and the wife is the breadwinner of the family.
Q. Is the maintenance to be paid from the filing of the case or the date of the order?
A. It has to be paid from the date of filing, but it differs from case to case.
Q. If the wife is working, can she claim maintenance?
A. Yes, a working wife can claim maintenance according to Section 125 of the Code of Criminal Procedure.
Q. What does Section 125 provide?
A. Section 125 of the Code establishes a man's fundamental and inalienable obligation to provide for his spouse. Personal law cannot impact the statutory right provided by Section 125.
Q. Can a wife claim maintenance if she is educated?
A. Yes, a wife with education is entitled to get maintenance under Section 125 of the CrPC.
Q. Can maintenance be claimed by the husband under Section 125 of CrPC?
A. No, this can only be done under Section 24 of the Hindu Marriage Act.
Q. What is Section 127 of the CRPC?
A. Section 127 allows the Magistrate to alter a monthly allowance for maintenance or interim maintenance paid to a spouse, child, parent, or other qualifying individual under Section 125 of the IPC, provided they can provide evidence of a change in the relevant case's circumstances.
Q. How is the maintenance to be decided?
A. Maintenance depends upon factors like income, lifestyle, the total number of dependents, the liabilities of both parties, etc.
Q. Can maintenance be claimed by a divorced wife?
A. This can be done only under specified provisions of the Protection of Women from Domestic Violence Act.
Q. Under Section 125 of the Criminal Code, who can claim maintenance?
A. Section 125 includes all the dependents, i.e., the wife, parents, and children.
Q. Are alimony and maintenance different?
A. Yes, alimony has to be given by a spouse during a divorce or separation, while maintenance is provided for a person's living expenses and can be claimed by parents, children, or spouse.
Q. If the husband is unemployed, is he still liable to pay maintenance?
A. A specified amount has to be given under all circumstances.
Q. Are there grounds for no maintenance for the wife?
A. Section 125(4) specifies the grounds for no maintenance to the wife, such as in the case of adultery, desertion, or separation by consent.
Q. Can maintenance be rejected or cancelled?
A. Yes, if the woman has remarried, changed her faith, is living in adultery, or has left her husband's company without a valid reason or consent from both parties.
Q. What is the amount of maintenance to be given?
A. Although there isn't a set formula, it's usually equal to one-third of the husband's gross income.
Q. How can one claim maintenance for a child?
A. To file for maintenance for a child, one needs to file an application under Section 26 of the Hindu Marriage Act and Section 125 of Criminal Procedure.
Q. Can alimony be claimed by the husband?
A. This is only under the circumstance if the husband is unemployed or earning very less in comparison to the wife.
Q. What does maintenance imply?
A. According to Indian law, & quot maintenance& quot refers to the right to food, clothing, and housing, normally granted to the spouse, kids, and parents.
Q. Where to file for maintenance proceedings?
A. This has to be filed in a Family Court or a court of Judicial Magistrate of appropriate jurisdiction.
Q. For how long is the maintenance given to the wife?
A. Maintenance has to be given until she can earn a steady income or she remarries.
Q. What does interim maintenance imply?
A. An order directing the other party to pay a certain sum of money every month until the divorce is finalised is known as interim maintenance.
Q. Can there be an appeal against the order of maintenance?
A. Yes.
Q. What are the differences between interim maintenance and permanent maintenance?
A. While permanent maintenance accurately evaluates one's way of life, income, and expenses, interim maintenance aims to satisfy urgent and immediate basic needs.
Q. What does maintenance mean under the Hindu Adoption and Maintenance Act?
A. According to Section 3(b), maintenance includes expenses related to shelter, clothes, food, education, and health. It also states that if there is an unmarried daughter, reasonable expenses related to her marriage will also be included.
Q. Can maintenance be claimed by Muslim women under Section 125 of the Criminal Code?
A. Yes.
Q. When do children have the right to maintenance?
A. Children have the right to maintenance until they are eighteen (18) or mentally or physically incapable. An adult daughter who is not married may also be eligible for maintenance, according to the Hindu Adoption and Maintenance Act.
Q. Can maintenance be claimed by the second wife under Section 125 of the Criminal Code?
A. Yes.
Q. Will maintenance fall under the category of income?
A. No.
Q. Is there any income tax rebate if the husband provides maintenance to the wife or children?
A. No.
Q. Is proof of marriage required to claim maintenance under Section 125 of the Criminal Code?
A. Yes.
Q. Can a child claim maintenance from the mother?
A. Yes.
Q. Is the husband liable to pay for maintenance if the divorce is mutual?
A. Generally, the answer is yes, but it depends on the circumstances.
Q. If an Indian woman marries a foreigner, can she claim for maintenance under Section 125 of the Criminal Code?
A. Yes, but only if she is living in India.
Q. Can maintenance be claimed after a long period? Generally, of divorce?
A. Generally, the answer is yes, but it depends on the circumstances of the case.
Q. If the husband gets custody of the child, will the wife be liable to pay maintenance for the child?
A. She may be liable to pay for the maintenance of the child if it is proved that the husband is disabled or unable to earn and the wife is the breadwinner of the family.
Q. Is the maintenance to be paid from the filing of the case or the date of the order?
A. It has to be paid from the date of filing, but it differs from case to case.
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