First of all start from the definition of maintenance and the types of the maintenance.
According to the Hindu Marriage Act, 1955, there are two types of maintenance (i) interim and (ii) permanent
That the interim and permanent maintenance can be ordered by a court.
The interim maintenance can be granted under section 24 of Hindu marriage act, the interim maintenance can be granted to the wife (initially) during the pendency of the court proceedings.
The purpose for granting the interim maintenance by the court in the initial stage of case is just to meet the expenses of litigation, daily needs etc. it is just granted to fulfill the conditions during the case proceeding.
That the permanent maintenance would be decided by the court at the final stage of the case or at the time of disposal of the case that should be paid by the husband under section 25 of Hindu marriage act. The permanent maintenance is financial support paid by the husband to his wife just for maintain herself and to meet her daily needs and expenses.
The provision of permanent maintenance or alimony exists in the laws of all the communities. When a decree of dissolution of marriage or judicial separation is granted by the court, the court may order that the husband shall pay the wife any particular amount fixed by the court, either periodically, or in one go as a lump-sum payment.
That the legally wedded wife is only entitled for the maintenance.
That the earning wife is not entitled for the maintenance, in case if she is not earning sufficient and her income is very low or she cannot meet her daily need from her own income in that case only she can entitled for the maintenance.
Laws for various CASTES
Our country India contains different personal laws for each different community, that derived from religious scriptures, customs and traditions.
That the grounds on which a Hindu woman can seek alimony may not be the similar for every other community. The Hindu society is governed by The Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956, which allow the women to claim her right for maintenance. Under Hindu laws, the quantum of maintenance amount is based on a number of conditions like husband’s financial income, assets, liabilities, wife’s employment and earning status etc.
Under Muslim law, the wife can claim according to the provision of Muslim Women (Protection of Rights on Divorce) Act, 1986.
According to the Indian Divorce Act, 1869, only Divorced Christian women can claim maintenance The Act prescribes one-fifth of the husband’s income as the maximum maintenance amount.
The Parsi Marriage and Divorce Act, 1936grant the wife to claim maintenance from her husband as one of the rights of wife after divorce in India,
That the special Marriage Act 1954, governed only inter-caste marriage.
That Section 125 of the Code of Criminal Procedure, 1973, the only one section provided by the legislature for all the various community for claiming maintenance for wife, children, and parents if they do not earn enough and reasonable means to maintain themselves, or suffer from any physical or mental incapacity. Under this section, even a wife who has not divorced her husband has the right to get maintenance from her husband.
NOW HERE IS THE WAY TO GET THE MORE MAINTENANCE FROM YOUR HUSBAND.
If the husband is paying alimony/maintenance and suddenly started drawing more income after the decree for permanent maintenance has been passed in the case then the recipient wife may make a petition by submitting the court about the enhanced income of the husband but she will have to prove her incapability to maintain herself with the alimony already awarded by the court. The court may take into account the facts, evidences and circumstances prevailing at that point of time increase the alimony payable.
If the assets of the husband have been increases in that case you can get the more maintenance.
If the status and position took place on the high of your husband in that case also you can get higher maintenance.
If the lifestyle of your husband changes or suddenly he started to living a lavish life.
When a minor child is living with the mother, the necessities of the child are also considered according to the growing age and expenses of the child.
The wife can claim more maintenance in case of health issue if the health of the wife is not well or she can suffering from any permanent ailment in that the wife can claim more maintenance.
If the liability of the wife has been increases just because
of medical issue of the children,
education expenses, etc.
While deciding the alimony for the wife the
Hon’ble court always considered all the facts and circumstances and also
discusses the ability of the husband to pay the alimony according to the
salary/assets/education/future gain etc.
Usually, the husband is bound to maintain his
wife till her lifetime.
