Maintenance cases

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Maintenance cases address the financial support owed to dependents, such as spouses, children, or parents, ensuring their dignity and well-being are preserved. Indian laws provide a framework for claiming maintenance to meet the essential needs of individuals who cannot sustain themselves. Advocate Chirag Arora offers expert legal assistance in navigating maintenance disputes and securing rightful entitlements.

Legal Framework for Maintenance

  1. Hindu Marriage Act, 1955:

    • Provides for maintenance to spouses during and after matrimonial disputes.
  2. Criminal Procedure Code (CrPC), Section 125:

    • Allows dependent spouses, children, and parents to claim maintenance from the earning member of the family.
  3. Protection of Women from Domestic Violence Act, 2005:

    • Enables women to claim monetary relief as part of protection from abuse.
  4. Muslim Women (Protection of Rights on Divorce) Act, 1986:

    • Governs maintenance for Muslim women post-divorce.

Types of Maintenance:

  1. Interim Maintenance:

    • Financial support awarded during the pendency of legal proceedings.
  2. Permanent Maintenance:

    • A final amount or monthly support decided after the resolution of the case.
  3. Child Maintenance:

    • Expenses for the upbringing, education, and welfare of minor children.

Services Offered by Advocate Chirag Arora:

  1. Filing Maintenance Claims:

    • Drafting and filing petitions for interim and permanent maintenance.
    • Assisting clients in presenting evidence of financial needs and liabilities.
  2. Defense Against Excessive Claims:

    • Representing individuals contesting unreasonable maintenance demands.
    • Ensuring fair and equitable resolutions based on financial realities.
  3. Child Maintenance Disputes:

    • Filing or contesting claims for child support, ensuring the child’s needs are met.
  4. Modification of Maintenance Orders:

    • Representing clients seeking to modify existing orders due to changes in financial circumstances.
  5. Enforcement of Maintenance Orders:

    • Taking legal action to ensure compliance with court-ordered maintenance payments.

Why Choose Advocate Chirag Arora?

  • Expert Knowledge: Proficient in family law and maintenance provisions across personal laws.
  • Tailored Strategies: Customized legal solutions based on your unique circumstances.
  • Empathetic Representation: Understanding the emotional challenges involved in maintenance cases.
  • Aggressive Advocacy: Committed to securing your rightful entitlements or defending against unjust claims.

Key Factors Courts Consider in Maintenance Cases:

  • The financial status and earning capacity of both parties.
  • The standard of living enjoyed during the marriage.
  • The needs of dependents, including children or parents.
  • The age, health, and employability of the claimant.
  • The conduct and responsibilities of both parties.