Family

Maintenance in Hyderabad: Documents and Evidence Courts Consider

Maintenance in Hyderabad: Documents and Evidence Courts Consider

Statutes referred

  • Hindu Marriage Act, 1955, Sections 24 and 25
  • Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 (former Section 125 CrPC, where the BNSS applies)
  • Protection of Women from Domestic Violence Act, 2005, Section 20
  • Hindu Adoptions and Maintenance Act, 1956, Section 18

Questions

How is maintenance calculated in Hyderabad?

There is no tariff. The court looks at the claimant’s needs, the paying party’s actual means, the standard of living, other dependants, and the evidence. A percentage copied from a website is not a decree.

Can a wife claim maintenance if she earns?

Independent income is relevant. It is not an automatic disqualification. Contribution, child-care, and the standard of living still matter. The facts of the particular marriage decide.

Which law should I file under?

It depends on the marriage, the relief, and the forum. Sections 24 and 25 of the Hindu Marriage Act, Section 144 BNSS (old 125 CrPC), Section 20 of the DV Act, and Section 18 of the Hindu Adoptions and Maintenance Act are different tools. They are not a menu of stacked percentages.

What is the Rajnesh v. Neha affidavit?

In Rajnesh v. Neha (2021) 2 SCC 324 the Supreme Court directed standardised affidavits of disclosure of assets and liabilities in maintenance matters. Family Courts in Telangana take that disclosure seriously. Concealment is often more important than the caption of the petition.

Related practice

Related articles

Call chambers Write to chambers