Maintenance after Divorce - Sridhar Law Firm

Maintenance

Maintenance is the financial support provided for their day-to-day living expenses and well-being. The laws of maintenance vary under different personal laws, including Hindu Law, Christian Law, and Parsi Law. The main basis for claiming maintenance is that the claimant has no independent source of income to support themselves.

Under Hindu Law, either the husband or the wife can apply for maintenance and interim maintenance under Section 24 of the Hindu Marriage Act, 1955.

The Parsi Marriage and Divorce Act, 1936 recognizes the right of a wife to maintenance, including alimony pendente lite and permanent alimony. However, the husband does not have the same rights under this act.

Maintenance rights of a Christian wife are governed by the Indian Divorce Act, 1869, which recognizes the right of only the wife to maintenance, including alimony pendente lite and permanent alimony. The husband does not have the same rights under this act.

Under Section 125 of the Criminal Procedure Code (Cr.PC) also provides for maintenance. It is a secular safeguard intended to protect women and children and provide a swift and affordable remedy against neglect and refusal to maintain, irrespective of the personal laws of the parties involved.