Indian family laws are subject to change, and it’s essential to consult with a legal professional for the most current and accurate information. However, as of my last update, I can provide some general information regarding maintenance laws in India.
In India, maintenance for a wife can be claimed under various laws, including:
- Hindu Marriage Act, 1955: This law applies to Hindus, Sikhs, Jains, and Buddhists. Section 24 of this Act allows either spouse to claim maintenance during the pendency of a divorce or judicial separation proceeding.
- Protection of Women from Domestic Violence Act, 2005 (PWDVA): Under this law, a woman who is subjected to domestic violence can seek maintenance. The definition of domestic violence includes physical, verbal, emotional, sexual, and economic abuse.
- Code of Criminal Procedure, 1973: Section 125 of the CrPC allows any person, including a wife, to claim maintenance if the person having sufficient means neglects or refuses to maintain the claimant. This provision is not limited to any particular religion and is applicable to all citizens.
- Muslim Women (Protection of Rights on Divorce) Act, 1986: This law applies to Muslim women and provides for the payment of maintenance during the period of iddat and beyond. The amount of maintenance is determined based on the husband’s capacity to pay.
- Special Marriage Act, 1954: Couples who marry under this Act can seek maintenance under Section 36 in case of divorce.
It’s crucial to note that the amount of maintenance and the specific procedures may vary depending on the circumstances of each case. The court considers factors such as the financial status of both parties, the needs of the claimant, and the standard of living during the marriage when determining maintenance.