Divorce Law Videos - Wife's right to maintenance from husband


If the husband is not willing to pay the maintenance of his wife, then the wife is entitled to file an FIR against her husband under Section 24 of the Hindu Maintenance Act in any of the valid district courts. The Act where in any proceeding it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regards to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable. The complainant has to file a detailed affidavit with his/her income and later once the notice is issued to the respondent he/she also has to do the same.

The benefits granted under this Section are only temporary in nature and there exists various other elements of the law where a wife, who is not able to maintain herself, can claim maintenance/permanent alimony from the husband e.g. Section 25 of HMA or under provisions of Hindu Adoption and Maintenance Act.

Advocate Rohit Nagpal can be consulted for further information at http://lawrato.com/advocate-rohit-nagpal or by calling 09599-000-555.