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Maintenance
Download Indian maintenance law templates: CrPC 125/128 petitions, HMA 24 interim maintenance, enforcement drafts, and maintenance charge deed for quick filing.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Maintenance legal templates
What is maintenance under Section 125 CrPC?
Section 125 CrPC empowers a Magistrate to order monthly maintenance to a wife, children, or parents unable to maintain themselves when a person with sufficient means neglects or refuses support.
What does Section 24 of the Hindu Marriage Act provide?
Section 24 HMA allows either spouse to seek maintenance pendente lite and litigation expenses during pending matrimonial proceedings when they lack sufficient independent income.
How are maintenance orders enforced under Section 128 CrPC?
Courts may issue warrants, attach property, and as a last resort order imprisonment for non-payment, enabling enforcement wherever the defaulter resides.
From when can maintenance be awarded under Section 125 CrPC?
Courts may grant maintenance from the date of the application or the order, with judicial guidance favoring award from the application date subject to reasons recorded.
Who can apply for maintenance under Section 125 CrPC?
Wife unable to maintain herself, minor children (legitimate or illegitimate), major disabled children, and parents who cannot maintain themselves.
When should a spouse file under Section 24 HMA instead of Section 125 CrPC?
File under Section 24 HMA for interim support and litigation expenses during matrimonial cases under HMA; use Section 125 CrPC as a secular, standalone remedy for basic maintenance.
What documents support a maintenance petition?
Marriage proof, income and expense details, evidence of neglect, dependents’ needs, prior orders, bank statements, and any proof of the respondent’s earning capacity.
How to enforce an existing maintenance order quickly?
Move an application under Section 128 CrPC with proof of arrears and service; seek warrant for recovery, property attachment, and appropriate coercive measures.
What is a Maintenance Charge Deed?
A private deed recording agreed periodic maintenance or support terms (e.g., housing society or interpersonal arrangements), specifying amount, due dates, and remedies for default.
Can maintenance be modified later?
Yes, on change of circumstances, parties can seek variation or enhancement/reduction through appropriate applications before the competent court.