Maintenance & Alimony Case

Understanding the jurisdiction is crucial in maintenance and alimony cases. These matters are primarily handled by Family Courts, but depending on the circumstances, they may also fall under the jurisdiction of District Courts or the High Court.

Key Points Regarding Jurisdiction:

Place of Filing:
The petition for maintenance or alimony can be filed in the court where the wife is residing, where the husband resides, or where the couple last resided together.

Family Courts:
Family Courts in Delhi, located in Rohini, Tis Hazari, Dwarka, Saket, Karkardooma, and Patiala House, have exclusive jurisdiction over maintenance and alimony matters.

Appeals:
Decisions from Family Courts can be appealed in the High Court, and in certain cases, the Supreme Court, if one party is dissatisfied with the judgment.

Our team at Pankaj Kumar & Co. has extensive experience representing clients in Family Courts across Delhi, ensuring that your case is handled by the appropriate court with expertise. Call Now for Instant Advice 📞

Maintenance and alimony cases in India are governed by various personal and secular laws, depending on the religion of the parties involved. The primary laws include:

1. Hindu Marriage Act, 1955:

• Governs maintenance and alimony for Hindus, including Sikhs, Jains, and Buddhists. Section 24 provides for interim maintenance during divorce proceedings, while Section 25 deals with permanent alimony and maintenance.

2. Section 125 of the Criminal Procedure Code (CrPC), 1973:

• A secular provision that allows any spouse, irrespective of religion, to seek maintenance if they are unable to support themselves. It also provides for maintenance of children and elderly parents.

3. Protection of Women from Domestic Violence Act, 2005:

• Allows women to seek maintenance as part of protection orders against domestic violence.

4. Special Marriage Act, 1954:

• Governs maintenance and alimony for inter-religious or civil marriages. The provisions are similar to those under the Hindu Marriage Act.

5. Indian Divorce Act, 1869:

• Governs maintenance and alimony for Christians in India. This act provides for both interim and permanent alimony.

6. Muslim Personal Law:

• Governs maintenance for Muslims, where the concept of “Mehr” (dower) is significant, and provisions for maintenance post-divorce are guided by personal law, along with statutory provisions under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

At Pankaj Kumar & Co., we have in-depth knowledge of these laws and relevant judicial precedents, ensuring that your legal rights are fully protected.

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