What Is The Format Of Application Under Section 26 Of Hindu Marriage Act?

10 Oct

The court may occasionally issue temporary orders in this regard as it sees appropriate and deems necessary, but it also has the authority to cancel, postpone, or modify those orders under Section 26. Both the kid's father and mother, or whichever parent, the court orders, are obligated to keep the child. Hindu males and females are required by Section 20 of the Hindu Adoption and Maintenance Act of 1956 to support their legally adopted or unadopted minor children as well as their elderly or disabled parents. matrimonial lawyer in Delhi shall be helpful in filing an application under Section 26 of the Hindu Marriage Act. The amount of support must be determined by the appropriate court based on the following criteria:

Economic standing and status of the parties involved in the dispute.
The parties' reasonable requirements and wants.
The parties' interdependence, etc.

The Delhi High Court made the following observations when assessing whether to grant child maintenance in the case of Sukhjinder Singh Saini v. Harvinder Kaur:

Depending on the parties' financial situation, both parents have a duty to care for their children and give them the best level of living possible within the law, society, and morality.
They both have a duty to support the greatest education possible.
It was also ruled that even if the child lives with the spouse whose income is sufficient to support the child, this cannot be used as a defence by the other spouse for failing to support or look out for the welfare of the child.

Sometimes, while the mother has custody of the child, the father makes a custody request, or when the father is raising the child, the mother may make a custody request. Either of them may want to visit the child for a specific day, at a given time, or at a specific event, while still enabling the mother or the father to retain custody of the child. Even the child's father or mother might be persuaded to move the kid abroad. According to Section 26 of the Hindu Marriage Act, similar disputes are addressed.

A request for such relief must be made to the court where the matrimonial case is now underway. When considering such a request, the court must consider the minor child's welfare. Wherever it is possible, the court also considers the child's wishes in this regard. Again, the welfare of the kid must be taken into account while granting the child support or making provisions for his or her education. Additionally, the Court must take into account the parents' income and debts. Any party may request the revocation, suspension, or modification of such an order at any time. To seek any relief under Hindu Marriage Act, lawyers in Noida can be contacted.

FORMAT FOR MAINTENANCE APPLICATION UNDER SECTION 26

PETITION BY WIFE UNDER SECTION 2, HINDU MARRIAGE ACT FOR INTERIM MAINTENANCE

IN THE FAMILY COURT, (Name of place)

MAINTENANCE PETITION NO. (enter petition number)

IN THE MATTER OF:

(Name of petitioner), age: ____, W/o Abc, D/o _____,

Residing at __________ (place of residence) ………………………. Petitioner

Versus

(Name of respondent), age: ______, S/o ____________,

Residing at ____________ (place of residence)

……………………Respondent

APPLICATION FOR INTERIM MAINTENANCE ALLOWANCES FOR THE WIFE UNDER SECTION 26 OF HINDU MARRIAGE ACT, 1955

The Applicant and Respondent were officially wed on (date of wedding) in accordance with Hindu rituals and traditions. For five years, they both shared a home and lived at (place of residence) as husband and wife. The certified copy of the extract from the relevant record and a copy of the wedding card is attached hereunder as Annexures 1 and 2.
That after a few months of marriage, the respondent lived a life of chronic addiction to alcohol and obscene behaviour. The respondent, a man with an odd temperament, frequently lost all sense of propriety and abused others.
That the applicant suffered cruelty at the hands of the respondent without any inducement of any kind, which rendered the petitioner's life miserable through ongoing abuse and severe bodily and mental torment.
Additionally, the Respondent ceased to maintain and provide for the Applicant's fundamental needs, including paying household expenses. In the end, the respondent's actions forced her to move from her matrimonial home on (date of physical separation) along with her children, as mentioned above, to her paternal home.
The petitioner is completely insolvent, in the midst of a serious financial crisis, and unable to support both her parents and herself. The applicant lacks both a source of money and the technical skills necessary for employment.
That the Respondent is financially stable and has a variety of sources of income, with his primary source of revenue coming from his successful telecommunications firm, which he also supplements with income from other sources. Despite having sufficient means, the Respondent has neglected his duty to support his legally married wife and children.

Therefore, it is urged that the Honorable Court may kindly be pleased:

To order the Respondent to provide immediate interim relief by paying Rs. 20,000/- toward the maintenance of the named Petitioner beginning on the date of the application, pending the hearing and final disposition of this matter.
To grant any additional reliefs that this Honorable Court deems appropriate and necessary.

VERIFICATION

I hereby affirm and declare that everything contained in the aforementioned petition is accurate to the best of my knowledge and belief. I am (name of petitioner), the wife of (name of respondent), aged years, an Indian resident, and an unemployed person residing at (place of residence).

(Signature of petitioner)

(Date)

(Name of Advocate)

According to appropriate circumstances, the application can be drafted by a matrimonial lawyer in Gurgaon.

SOURCE

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