Maintenance and Alimony
Yes, either spouse (though usually the wife) can claim maintenance or alimony.
When Maintenance Can Be Claimed
| Situation | Legal Provision | Notes |
|---|---|---|
| During proceedings | Section 24 of HMA, 1955 | Temporary maintenance can be granted under this section. |
| After divorce | Section 25 of HMA, 1955 | Permanent alimony is provided for under this section. |
| Any time (wife, even if separated) | Section 125 CrPC | This section applies to all religions and allows a wife to claim maintenance even if only separated and not divorced. |
Factors Considered
The court considers several factors when deciding maintenance or alimony:
- Income
- Living standard
- Duration of marriage
- Dependents
- Conduct of both parties
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