Both parties in Australia can wife claim maintenance in India


can my wife claim maintenance in India or Australia during divorce . presently we both live in Australia. we were married in India (2012) court marriage and as per Hindu religion and then after migrate to Australia. I have no property in India only my father having property in their name.

Answers (3)


295 votes

Your wife can claim maintanece in India under section 125 CRPC no matter you have property or not. She can claim maintence from you as monthly allowance showing your income proofs only if she herself is unable to maintain herself and not working. She can file maintence case in India as the marriage has be conducted in India. If she claims maintence in Australia she won't be untitled to get maintence in India .


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103 votes

Your wife can claim maintenance in india, as your marriage has been solemnized as per Hindu law, but it is very difficult to recover the maintenance amount as you don't have any property moveable or immoveable in india..

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127 votes

she can not claim right in the property of parents in law but she can claim maintenance if she is having no source of income and she is unable to maintain herself , then she can claim maintenance. But if you prove that she herself do not want to reside with you or she has sufficient means of income then she can not claim right of maintenance

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