When any person neglects to maintain a wife,children or parents, they can claim maintenance by filing an application before a magistrate. If you are a woman you have been entitled to maintenance. But a wife cannot claim maintenance, if she is living in adulterly. If she remarries she cannot claim any maintenance. A husband mainly applies for cancellation. If the wife and husband are living separately even in that situation the wife is not entitled to claim any maintenance. Maintenance is a person willing to maintain his wife in accordance with his civil obligation. The husband is making payment of some amount to his wife. But the amount is insufficient to meet her basic needs; it is evidently neglect to maintain the wife. The Supreme Court has set a bench of 25 percent of husband salary to be paid to estranged wife. 25% means just and proper amount for alimony as the husband might have to take care of the needs of his family.
The wife can ask for maintenance at any age. It is mandatory for her to be a legally married woman. The maintenance allowance cannot be given to every wife who is neglected by husband. It can be only granted to a wife who is unable to maintain herself and not to the one who is maintaining herself with some difficulty. The person who has to make claims maintenance must have adequate means to maintain the person. They prefer the earning capacity of the person.The inability of the wife to maintain herself is a condition precedent to the maintainability of her application.
The wife must not live in adultery and can be refused maintenance. If the wife is committing adultery , she is not entitled to receive maintenance. A wife is not permitted to receive any allowance if she refuses to live with her husband for no reason. Sufficient reason is necessary. The reason can vary from case to case. A wife is not permitted to receive maintenance from her husband if they both are living separately.
Inability of the wife to maintain herself to the maintainability of her application for maintenance. Maintenance to a wife can be granted when she is unable to maintain herself. In our country married women have the right to get maintenance. Maintenance covers the expenses for essentials for the substance of life. The provision of maintenance act intended to fulfill social purpose. The main aim of this provision is to compel a man to perform moral obligations which he owes to the society. It ensures that the neglected wife and children are not left beggard. The inability of the wife, child and parents to maintain themselves could lead to social problems.
A wife who has been divorced is entitled to claim maintenance from her husband. A child up till the age of 18 would be entitled to claim maintenance from his father. A child who has attained the age of maturity has been enabled to claim maintenance if by reason of physical or mental abnormality. Wives file maintenance petitions against husbands who do not pay maintenance. It is filed in family court under personal laws and magistrate court under Section 125 CRPC. The judgment may not always be in favor of wives. The court reaches a decision based on the nature and circumstances of the case.
Some reasons Why wives do not get maintenance
Adultery
If the husband can prove that his wife has committed adultery, he is exempted from paying maintenance. Adultery means sexual intercourse with another man while the husband is still alive.phone record, chats are needed.
Sum already paid
If a sum has been paid as a settlement between the husband and wife before the maintenance petition is pending in the court, the maintenance will not be payable. The evidence should be in his hand.
Second marriage
If the wife remarries another man the husband does not have to pay maintenance.
No reason to live husband
If the husband can prove that his wife left him without any reason,he will not be required to pay maintenance.
Voluntary surrender
If the wife has informed the husband in writing that she does not want this maintenance,the husband will not have to pay the maintenance.
If wife wants to separate residence
If the wife says that she wants to move to another house and not for a reasonable cause,then the maintenance is not required. The court checks the salary, job of the husband.
Working women with good income
Court checks the education and job of the woman and compares the job of the husband . If the wife is well educated and employed, then no maintenance is required.
Capable for working
Check the Health,qualification of the women.
Women had not come to the court with clean hands
Mutual consent