Maintenance in Law is defined as the amount
which is paid to the dependent wife, child or parents to maintain themselves. The entitlement of claiming Maintenance is based on the
assumption that the claimant is not having sufficient means to support
herself/himself.
Maintenance is the financial support
to the wife, children and parents, if they are unable to maintain
themselves. It is the duty of a person to provide basis amenities like food,
shelter, cloth and other necessary requirements to them, and this
financial support can be given in lump sum onetime payment or in monthly installments.
We can say that the Maintenance is
an order of a Family Court for the support of one person by the other person,
and this person may be wife, husband, child or parents.
The claimant/petitioner has to file
a petition before the Family Court for claiming maintenance from the respondent,
and the Court under the guidelines of provisions of the Laws fixed the amount
of Maintenance.
Factors adopted by Court for deciding Maintenance
The Court may award permanent or temporary
maintenance after taking into consideration the following factors:
👉Ability to pay of the Respondent
👉The duration of Marriage
👉Age of the parties
👉The physical health of the parties
👉The earning capacities and properties of the parties
👉Standard of living of the parties
👉The education of the parties
👉The employability of the parties
👉The custodial responsibilities for children of the party
👉The opportunity for future acquisitions of capital assets and income
👉Care and education of the children
👉Out of these, the Court may consider any other factors depend upon the circumstances.
Who can claim Maintenance?
Maintenance can be claimed by:
Types of Maintenance:
Interim Maintenance or Temporary
Maintenance
It is a monthly sum of amount which
is payable by the Respondent to the Claimant/petitioner till the time of deciding
permanent maintenance , and this amount can be agreed by the parties or ordered
by the Family Court on the petition filed by the petitioner/claimant.
Permanent Maintenance
It is granted at the time when the
case is finally decided /decreed by the Court, and it can be periodical or
monthly and depends upon the facts and circumstances of the case.
However, the maintenance amount can be decreased or increased if there are any changes in the circumstances of the parties. The provisions of Permanent Maintenance are present in all the personal laws.
Laws under which Maintenance can be
claimed
Date from which Maintenance to be awarded
As per Supreme Court guidelines in the matter of Rajnesh Versus Neha & Another, Maintenance in all cases is to be awarded from the date on which the petition was filed by the petitioner/claimant before the Court.
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