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Showing posts with the label #MaintenanceLaw

Alimony & Maintenance in India – Who Can Claim and What Courts Consider

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When a marriage faces difficulties or ends in separation, it is not just an emotional struggle but also a financial one. Many individuals, especially women, children, and elderly parents, are left wondering how they will support themselves once the relationship breaks down. This is where the concept of alimony and maintenance under Indian law becomes crucial. Maintenance is not a matter of charity; it is a legal right . The law ensures that no dependent family member, whether a spouse, child, or parent, is left without means of survival or deprived of the lifestyle they were accustomed to during the marriage. It acts as a financial safeguard, protecting vulnerable family members from destitution and imbalance of power. The legal foundation of maintenance in India comes from multiple sources. The most widely applicable provision is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which provides a speedy and effective remedy to wives, children, and parents who a...

Maintenance, Custody & Property in Divorce Proceedings

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 Introduction Divorce proceedings can be intricate, involving not only the dissolution of the marital bond but also complex issues like maintenance , custody , and property division . In Karnataka, as in the rest of India, the resolution of these matters requires a thorough understanding of family law and the various statutory provisions that govern them. These issues are often among the most emotionally charged and legally challenging aspects of a divorce case. Whether you’re filing for a  mutual consent divorce or involved in a contested divorce , understanding your rights and obligations related to maintenance , child custody , and property is essential for ensuring that the divorce settlement is fair and just. In this article, we’ll explore the key legal principles, provisions, and processes that govern these aspects of divorce proceedings in Karnataka. ✅ Maintenance in Divorce Proceedings Maintenance refers to the financial support one spouse may be required t...