Jun 30, 2020, 04:51 PM IST
Sneha Nilay Shah, Advocate, Gujarat High Court. When there is only one person earning in the family and he also turns away from his responsibilities, where should the family go? In these circumstances, the responsibility of the expenses of children’s education, home and other members falls on the woman of the household, so she has to face double challenges.
During this time the family needs financial support. This financial security has been provided by the law as alimony. It is a family matter to say, but it is also your right. What is Gujara allowance, let us know in detail.
What does the law say
The Gujara Allowance Act Section 125 is mostly used by Indian married women. If the husband has left the wife or divorced, then women can claim the right under section 125.
Even if the earning person refuses to take responsibility of the family despite living at home, it is still the responsibility of the earning person or husband to take care of the life of the wife, child, old parents under this Act.
Alimony allowance may be increased
How much the family needs to be paid as maintenance is decided based on the total income of the husband. For this, the amount of maintenance the claimant needs, he has to put before the court. As a proof of income of the earner, details of salary or income tax return etc. have to be placed before the court on the basis of which the decision is made.
How much maintenance can be obtained can be calculated by Child Maintenance Service. If the husband’s income increases and the wife demands to increase the allowance as the expenditure increases, then in this situation the alimony allowance can be increased.
Who can apply
Any member of the family who is dependent can ask for expenditure on food, clothes, studies, treatment, medicine, rent etc. Under this Act, wife, minor child, son or daughter who are unable to maintain, can demand. Until the son becomes an adult, the father will be responsible for all his expenses and maintenance.
Till the marriage of the daughter, her responsibility will remain with the father. The father is also responsible for the physically or mentally incapable son or daughter. If the woman’s income is less than the husband, then she can apply. If her income is more than her husband, then she is not entitled to it. In addition, parents who are unable to maintain themselves can also make demands.
The responsibility of the maintenance of the widow daughter will be that of her father-in-law. For this, she cannot ask the father.
Men can also ask for alimony
Under Section 24 of the Hindu Marriage Act and Section 125 of the CrPC, allowances can be given to either of the spouses. However, the husband will get alimony only if he is physically incapacitated due to which he cannot earn.