Legal Question in Family Law in India

Re: Maintenance under HMA

1)Yes she can file a petition/application or ask for maintenance in divorce petition and court will award the same at time of granting divorce. Time being wife can apply for interim maintenance.

2)court order will have to be followed by the husband unless he goes for revision or appeal in higher court.

Re: Maintenance under HMA

the lumpsum amount or legal called, permanent alimony, is only granted when the divorce is being pronounced by the court. till the pendency of divorce petition, the wife would be entitled to maintenance only and her legal expenses.

Re: Maintenance under HMA

The amount of alimony - lumpsum or monthly - may depend upon income of the husband and several other factors which the court may take into consideration.

If the husband is NRI, the court may direct lump sum payment because the court may not find it difficult to enforce the monthly payment order.

If the husband is not willing for lump sum settlement and insists upon monthly payment, the court may order deposit of husband's passport in the court to avoid his departure from the country.

Advice : The husband should better reach an out of court amicable settlement to avoid trouble.