If a married Hindu woman having no source of income and unable to
maintain herself and her children, then she can claim Interim & Permanent
maintenance from her husband under the following provisions of the Act : -
👉Under Section 125 of Criminal Procedure Code, 1973
👉Under Section 25 of Hindu Marriage Act, 1955
👉Under Section 18 of Hindu Adoption and Maintenance Act, 1956
👉Under Section 24 of Hindu Marriage Act, 1955
👉Under Section 36 of Special Marriage Act, 1954
Under Section 125 of Criminal Procedure Code , 1973:
According
to this section, if any person having sufficient means neglects or refuses to maintain
his wife, who is unable to maintain herself can approach a Magistrate of the
first class, and the Magistrate upon the proof of such neglect or refusal may
order such person to make a monthly allowance for the maintenance of his wife or
her child at such monthly rate as he thinks fit.
Further,
the Magistrate during the pendency of the proceeding of maintenance may order
such person to make a monthly allowance for the interim maintenance of his wife
or her child, and expenses of such proceeding which the Magistrate considers reasonable,
and to pay the same to such person as the Magistrate may from time to time
direct.
Further,
if any person against whom such order has passed fails to comply without sufficient
reasons, then the Magistrate for every breach of the order may issue a warrant for
the levy of the due amount, and also may sentence such person to imprisonment
for a term which may extend to one month or until the payment of the amount.
This
provision of Criminal Procedure Code is available for all the national of India.
Under Section 25 of Hindu Marriage Act, 1955:
Under this Provision,
a wife can claim permanent Alimony and maintenance.
According to this Section of the Act, any Court which having jurisdiction at the time of passing Decree, may order that the respondent/husband shall pay to the petitioner /wife her maintenance and support such monthly or periodical sum for a term not exceeding the life of the petitioner/wife as, having regard to the respondents/husbands own income and other property.
Under Section 18 of Hindu Adoption and Maintenance Act, 1956:
Under this provision a
wife can claim the maintenance and separate residence.
1. A Hindu wife whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.
2. A Hindu wife shall be
entitled to live separately from her husband without forfeiting her claim to
maintenance,
👉If husband is guilty of desertion
👉If the husband has treated
her with such cruelty as to cause a reasonable apprehension in her mind that it
will be harmful or injuries to live with her husband
👉If he is suffering from
a virulent form of leprosy
👉If he has any other wife
living
👉If he keeps a concubine
in the same house in which his wife is living or habitually resides with a
concubine elsewhere.
👉If he has ceased to be a
Hindu by conversion to another religion
👉If there is any other
cause justifying living separately.
3. However, a Hindu wife shall not be entitled to separate maintenance and residence from her husband, if she is unchaste or ceased to be a Hindu by conversion to another religion.
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