With the different laws that are present in our country today, navigating them may be a bit difficult alone. Especially when it comes to issues relating to family and close ones, moving through legal battles is quite difficult. This is why we recommend you brush up on your legal knowledge of Maintenance Law. The law was implemented to bring social justice for making society a better place.
What is maintenance law?
Section 125 and 127 of the CRPC refer to maintenance laws towards one’s wife. This law specifically protects children and women from living life under the control of another person. In the Indian CRPC, this law defines maintenance as the duty a man has towards his parents, wife, and children, to maintain themselves. The amount that the person needs to pay can be in a lump sum or via instalments given monthly.
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Section 127 of the CRPC is the second major section of Maintenance Law. It allows any person receiving maintenance to be able to get an alteration in its amount. A magistrate can pass a ruling for the alteration. However, this will depend upon proof being provided for a change in circumstances that are deemed to be appropriate with the relevant case under section 125 of the CRPC.
Let’s explain this easily. Suppose you are getting Rs.10000 as maintenance from your husband after a ruling passed under section 125 of the CRPC. Subsequently, any change in your husband’s income may be proof of increasing your maintenance amount. If he gets a raise of 10000, you will ordinarily be entitled to alter the maintenance amount.
According to general calculations, you can get an increase of Rs.3300 (which is 1/3rd of his revised income). However, if it is seen that the in-hand income of your husband remains Rs.30000 due to any number of factors (like medical care), the maintenance will not be increased.
When can a wife claim maintenance?
The maintenance to wife covered under this law provides that any woman who identifies as someone’s wife legally can claim for maintenance. Then they will decide the custody of the child after divorce
Working women also fall into this category and are eligible to be paid maintenance.
What are the factors considered while assigning the maintenance amount?
When assigning maintenance to the wife, a court will look at the income and liabilities of the parties, the capacity and status of both the parties and the conduct that the dependents have maintained. In case of disobedience to your husband, you will again not be entitled to maintenance. Several factors come into play when deciding cases based on Maintenance Laws. They involve deep-rooted connections to personal laws as well.
We recommend you hire the best attorneys for such affairs. Apart from this, you can check out leading online legal forums to get information regarding these laws. It never hurts to know the basic rights you have as a citizen of this country. These forums provide answers to commonly asked questions regarding maintenance laws and various other legislations. Go online, stay informed and claim your rights today!