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 Marriage?
Section 18 – Maintenance of Wife
Section 18(1) is applicable to the wife who is living with her husband. The wife who has ceased to be Hindu cannot claim for the maintenance but an unchaste wife who has been living with her husband under the same roof has the authority to claim for the maintenance by the court.
Who all are eligible for maintenance?
(a) wife, (b) children, (c) parents, they can claim maintenance by filing an application before the Magistrate.
Who are entitled to maintenance under Hindu Adoption and maintenance Act?
(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.
Who is eligible for maintenance in divorce?
If during the divorce, the wife is pregnant, she can claim a fair amount of maintenance for at least 2 years from the date of birth of a child. If they had a child at the time of divorce, a wife can still claim maintenance for the child till the time she remarries or until the child is dependent.
Who has rights to claim maintenance under CRPC?
According to Section 125(1), the following persons can claim and get maintenance: Wife from his husband, Legitimate or illegitimate minor child from his father, Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and.
When a wife is not entitled to maintenance from her husband?
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.
Can wife ask for 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.
Can I get maintenance from my husband?
You can claim maintenance from your husband by filing petition for maintenance under section 125 Cr P C in family court or under Provisions of Domestic Violence Act or by both simultaneously.
Is husband eligible for maintenance?
The provision of husband’s right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. … Section 25 allows permanent alimony and Maintenance to the husband.
When the wife is entitled to separate residence and maintenance?
18 (3) of the Hindu Adoption and Maintenance Act lays down that “a Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceased to be a Hindu by conversion to another religion.”
When a Hindu wife is entitled to maintenance and separate residence under the Hindu Adoption and Maintenance Act 1956?
Section 18(3) in The Hindu Adoptions and Maintenance Act, 1956. (3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
Can wife claim maintenance from father in law?
Law explained. Bombay High Court: Nitin W. Sambre, J., while addressing a petition with regard to grant of maintenance held that under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wife has every right to claim the maintenance after the death of the husband from the estate inherited by her father-in-law.