According to Section 25 of the Hindu Marriage Act,1955, the Applicant being either the husband or wife is entitled to receive his or her maintenance from the spouse in the form of a gross sum or monthly sum for a term not exceeding the lifetime of the applicant or until the applicant remarries.
Who can claim maintenance under Hindu law?
Only under the Hindu Marriage Act and Parsi Marriage Act both husband and wife can claim for the interim maintenance. In other statutes, only the wife can claim the Interim maintenance. Under Section 36 of the Divorce Act, the wife may file the petition for Interim maintenance.
Who is entitled to maintenance under the Hindu Marriage Act?
Hindu Adoption and Maintenance Act, 1956, Section 18 – Hindu wife is entitled to be maintained by her husband during her lifetime.
Who all are eligible for maintenance?
In case of claim of maintenance in the capacity of a child, legitimate or illegitimate minor children, whether married or not, they can claim maintenance, if they are unable to maintain themselves.
Who are entitled to receive maintenance under which act maintenance is governed with?
The Hindu law or family law in India recognises the right of a wife, children, aged parents and widowed daughter or daughter in law to receive maintenance.
Can a woman claim maintenance?
A wife is entitled to claim both interim maintenance as well as permanent maintenance under Section 125 of the CrPC. Further, as per the explanation (b) to Section 125(1)17, the term “wife” includes a divorced woman as well18.
Can working wife get maintenance?
Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. …
Can wife claim maintenance while living with husband?
Maintenance can be claimed by the wife under Section 125, CRPC. Section 24, Hindu Marriage Act is subject to the fact that: The wife is not living in adultery – if the wife is living with another man, she cannot even claim interim maintenance.
Who is entitled to maintenance under section 125 of CrPC?
According to Section 125(l)(d) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance …
Can wife maintenance without divorce?
yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.
Is husband entitled to maintenance?
The provision of husband’s right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. … For example, in the case of mutual consent divorce, if the parties agree not to claim Maintenance, the court can grant Maintenance according to the case’s circumstances and facts.
Can daughter in law claim maintenance from mother in law?
A daughter is not the only one who can claim maintenance but widowed daughter in law too has a right to claim maintenance from her in laws when she has no means to maintain herself, and this obligation is genuine as the in laws have got someone else daughter in their house and made her a part of their family and this …
What is maintenance claim?
You may claim reasonable support that is necessary for providing the child or other person who has a right to maintenance with a proper living and upbringing. … To enable the court to grant a fair maintenance order, both parties must provide the court with proof of their expenses.
Who are entitled to claim maintenance from a living person under the Hindu Adoption and Maintenance Act 1956?
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
Can wife claim maintenance from mother in law?
Special Marriage Act, 1954
Section 36 of this secular legislation, applicable to all persons who solemnize their marriage in India, provides that a wife is entitled to claim pendente lite maintenance, if she does not have sufficient independent income to support her and for legal expenses.