What maintenance can I get during my divorce case in Kohima?
VE Asked by Veena Shastri from India
Quick Answer
During your pending divorce case in Kohima, you can claim maintenance pendente lite under the Nagaland Rent Control Act 2015 and the Hindu Marriage Act.
Detailed Legal Analysis
During your pending divorce case in Kohima, you can claim maintenance pendente lite under the Nagaland Rent Control Act 2015 and the Hindu Marriage Act. The Gauhati High Court has held that the purpose is to ensure the dependent spouse is not financially crippled during litigation.
The court considers the husband's income, the wife's own earning capacity, and the standard of living. An application can be filed before the family court at any stage of the proceedings.
The maintenance is calculated as a percentage of the paying spouse's income, typically ranging from one-fifth to one-third. The order is interim and subject to final adjudication of permanent alimony.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.