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Under the principle of social justice, it is the duty of the husband to maintain his wife, parents and children when they are unable to do so. Maintenance in gujaratn kanoon is defined as the amount which is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly installments.
What the law says
The personal laws are applicable to persons belonging to the respective religion while section 125 of Code of Criminal Procedure, 1973 is a general provision irrespective of religion and a claim under this section can be filed by anyone. However, a wife who claims maintenance under personal laws cannot claim maintenance under criminal procedural laws. Both wife and children have the right to claim maintenance. However, No Wife shall be entitled to receive an allowance from her husband under section 125 of CrPC if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
How can we help
Through lawtendo, you can hire a lawyer that best suits your interest. We make it easier for you to find a lawyer who is skilled and qualified so as to provide you with the best legal services. For hiring a lawyer to seek maintenance, contact lawtendo today.
Victims of maintenance
The children or wife can claim maintenance as a matter of right under their personal laws. Apart from that, the claim can be made under section 125 of CrPC by which the Magistrate of first-class can order to pay maintenance accordingly. However, the claim of maintenance can be made either under personal laws or under this section but not in both.
Why do you need a lawyer
While you are great at doing your business, lawyers are good at theirs. They know the law and thus while you do your business, they make sure that you are not met with any legal inaccuracies. They make your work easier and hassle-free in terms of legal face and therefore they can make you claim the right amount of maintenance you are entitled to.
Why hire a lawyer through Lawtendo
The experience of the lawyer in the specific area of law, the professional compatibility that you and the lawyer should share, and the fees are the factors that one keeps in mind before he engages with a lawyer. The Lawtendo website will be able to provide you with exactly those lawyers who will fit your requirements. We assist in providing lawyers and legal advice in numerous areas of law.