Legal Question in Criminal Law in India

Re: maintanence

As per Sec 24. Maintenance pendente lite and expenses of proceedings.-

Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.

25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

So courts do not allow .

Re: maintanence

One need to examine the ruling and ratio of delhi high court in the facts and circumstances of your case and then decide its applicability.

Re: maintanence

You may have to examine the facts of the Delhi High Court case with your facts.However, if your petition is rejected by the court you can challenge the same at the High Court.

Re: maintanence

You may have to examine the facts of the Delhi High Court case with your facts.However, if your petition is rejected by the court you can challenge the same at the High Court.

Re: maintanence

It depends upon case to case and on merit of the case also.

Re: maintanence

You have a very genuine ground to claim maintenance for meeting the "same standard of living" as you were used to prior to separation. This is the law laid down by the Supreme Court of India and the Delhi High Court.

The judgement you are referring may not be applicable to your case on facts. If you are denied claim, you should agitate your rights upto the Supreme Court of India.

Hopefully, you will succeed. Wish you good luck.!