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What factors does the Court take into consideration in maintenance of spouses?



Factors taken into consideration by the Court in maintenance of spouses are governed by provision of section 115(i) (a) to (f) of Law of Marriage Act, 1971, thus 

(a). Where the man refuses or neglects to provide for his wife or his former wife as required section 63 of Law of Marriage Act, 

(b). Where a husband deserts his wife so long and the desertion is continuing, 

(c). Where there is matrimonial proceeding, 

(d). When the court is granting or subsequent to grant a decree or separation or divorce, 

(e). When in case of parties marriage in Islamic form, the woman is in customary period of addat following the date on which divorce takes or is deemed to have taken effect, 

(f). If after a decree declaring a wife presumed to be dead she is found to be alive. 

Note: The above factors in maintenance of spouse are considered when the husband has means to earn livelihood by reason of good health, mental or physical fitness; thus where the husband is incapacitated wholly or partially from earning a livelihood by reason of mental or physical injury or ill health, the court shall order the woman after having regard to her means to maintain her husband as per section 115(2) of Law of Marriage Act, 1971. Again it will be noted that; the court cannot make the order for maintenance of spouses where the marriage is dissolved unless the court for special reason so direct. See provision of section 115(i) of the Law of Marriage Act, 1971.

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