Permanent alimony under Section 25 of the Hindu Marriage Act, 1955 is financial support granted by the matrimonial court at the time of passing a decree or at any time after the decree. It may be awarded as a lump-sum amount, monthly payment, or periodical payment, and may be granted to either spouse depending on...
Read MoreInterim Maintenance under Section 24 of the Hindu Marriage Act, 1955 allows either the wife or the husband to seek maintenance pendente lite and expenses of proceedings during the pendency of matrimonial litigation. The provision is gender-neutral. The court may grant interim maintenance where the applicant has no independent income sufficient for their support and...
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Rajnesh v. Neha, Criminal Appeal No. 730 of 2020, decided by the Supreme Court of India on 4 November 2020 and reported as (2021) 2 SCC 324, is a landmark judgment on maintenance in matrimonial disputes. The Supreme Court framed nationwide guidelines on financial disclosure, overlapping maintenance proceedings, interim maintenance, criteria for determining quantum, date...
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Father’s Rights in Child Custody A father can claim custody, visitation, shared parenting, school access, medical information and meaningful contact with his child in India. However, the father does not have an automatic right to custody merely because he is the natural guardian under personal law. Indian courts decide custody and visitation on the basis...
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Family Law • Child Custody & Access Child Visitation and Access Rights in India: Interim Access, Overnight Custody, Video Calls, Enforcement & Parental Alienation A current guide to visitation and contact orders, weekend and overnight access, virtual contact, enforcement, relocation, child preference, parental alienation and the welfare test in Indian family-law proceedings. Child visitation rights...
Read MoreIn India, child custody is decided not on the superiority of the mother, father, or any relative, but on the welfare and best interest of the child. Courts examine the child’s age, education, emotional security, health, stability, parental conduct, financial capacity, moral environment, and, where the child is mature enough, the child’s preference. The law...
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A working wife is not automatically barred from claiming maintenance in India. However, a husband can legally challenge maintenance where the wife has sufficient independent income, is financially self-sustaining, is concealing employment or assets, has exaggerated expenses, or is seeking overlapping maintenance in multiple proceedings. Under Section 24 of the Hindu Marriage Act, either spouse...
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Yes. A husband can seek divorce in India on the ground of mental cruelty if false, reckless, scandalous or malicious allegations by the wife make it unreasonable for him to continue the matrimonial relationship. False allegations of adultery, dowry demand, domestic violence, illegitimacy, immoral conduct, criminal behaviour, or abusive complaints to employers, police authorities and...
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Summary A husband in India is not automatically liable to pay any amount demanded as maintenance or alimony merely because a matrimonial dispute has arisen. At the same time, he cannot defeat maintenance by emotional allegations, artificial poverty, inflated liabilities or concealment of income. Indian courts decide maintenance on the basis of need, capacity, income,...
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Introduction: Fathers Are Not Legal Strangers to Their Children One of the most persistent myths in Indian matrimonial litigation is that child custody is automatically a mother’s right and that the father’s role is limited to paying school fees, maintenance and weekend expenses. That is not the law. Indian courts do not treat a child...
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