After filing for divorce wants to claim for alimony as well

749 votes

Yes she can. The right to maintenance of the woman, can be sought either under section 18 of the Hindu Adoptions and Maintenance Act or under section 125 Cr.P.C. Even during the pendency of the divorce petition maintenance pendent lite can be granted by court under section 24 of the Hindu Marriage Act(if the parties are Hindu ofcourse). Alimony is the lump sum maintenance amount or the one time settlement which can be arrived at between the parties in case of a compromise. In any case, after the divorce a divorced woman, if getting maintenance from her previous husband by an order of court, would cease to get the same, in case she re-marries.

Advocate Rajiv Joshi LawRato

511 votes

yes, she will be entitled alimony at the time for decree of divorce, and during pendency of divorce petition she will be entitled for ad-interim maintenance. ad-interim maintenance depend upon the income of the husband and permanent alimony depend upon the source of income and dependency of kids upon wife.

Advocate Jagan Nath Bhandari LawRato

507 votes

Yes, but permanent alimony can be granted if divorce is granted. Alimony can be claimed anytime even after the passing of decree of divorce, because if you fail in getting the divorce, alimony may not be granted but certainly you still be entitled to get maintenance.

Advocate Deepak Verma LawRato

895 votes

Yes, she can get alimony,,she can also file an application U/d 125 for the maintenance ,,it does not matter then she had filed divorce or not. Both the matters are to be decided seperately based on seperate circumstances.

Advocate Manish Sharma LawRato

737 votes

Yes. She can . You can file a petition under section 125 of the criminal procedure code seeking maintenance during the time of divorce proceedings. This proceeding will be different from that of the divorce case and thus independent of the divorce case. More often than not petitions under this section are allowed by the courts because during the pendency of a divorce petition the wife resides seperately from her husband and thus requires money in order to meet her expenses. Therefore, yes a petition seeking maintenance can be filed.

Advocate Sushant Kareer LawRato