Maintenance and Alimony in Marital Disputes

In Rani Sethi v Sunil Sethi Delhi High Court ordered wife to pay maintenance to her husband of Rs 20,000 and 10,000 as litigation expenses. It was held that the purpose of Section 24 of Hindu Marriage Act is to provide support to the spouse who is incapable of earning his/her independent income.

In another case Dr. Kulbhushan v Raj Kumari and Anr the court while deciding the amount of maintenance observed that it is determined based on the facts of each case and declared that if the court enhances or moulds the amount of maintenance, then such a decision would be justified. It was further held in this case that it would be fair to provide wife with 25% of husband’s net salary as maintenance.

Alimony on the other hand is a one-time payment given by either of the spouse to the other spouse. It is given as a lump sum only after the decree of divorce is passed by the court.

Maintenance in Cases of Dependents (parents, grandparents, widow, unmarried daughter, minor children etc)

Section 125 of the CrPC is a legal provision that empowers a person, typically a wife, children, or parents, to claim maintenance from another person, usually the husband or father, who is legally obligated to provide support in case where they cannot sustain on their own but has failed to get such financial support.

We here At Chaklan and Associates provides assistance in getting your right of financial support  from your partner or the person who is obligated to provide you financial support.