Maintenance Case
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Maintenance Cases
India is a secular country, a wife can claim maintenance from her husband without filing for divorce in India under Section 125 of the Criminal Procedure Code (CrPC) and the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS)), and also under the Hindu Adoption and Maintenance Act (HAMA) Section 18 if she is Hindu, or the Hindu Marriage Act (HMA) Section 24 for interim maintenance during matrimonial disputes. The key conditions are that the husband has sufficient means, he neglects or refuses to maintain his wife, and the wife is unable to maintain herself., the law ensures financial support to dependents who are unable to maintain themselves. Maintenance in legal terms refers to the financial support (alimony) that one is legally bound to provide to their dependents, including spouse, children, and aged parents.
Who Can Claim Maintenance?
Parents – Father or mother can claim from their son or daughter.
Wife – A wife can claim from her husband.
Children – A legitimate or illegitimate minor child can claim from the father.
Conditions Where a Wife Can Claim Maintenance
A wife is entitled to claim maintenance from her husband if:
She has been divorced by her husband.
She has obtained divorce from her husband.
She has not remarried.
She is unable to maintain herself.
Conditions Where a Wife Cannot Claim Maintenance
A wife cannot claim maintenance if:
She is living in adultery.
She refuses to live with her husband without a valid reason.
She is living separately by mutual consent.
Note: Even a Muslim wife can claim maintenance, despite having a separate law (Muslim Women Protection of Rights on Marriage Act).
