In lieu of maintenance, the wife cannot claim charge over the husband’s self acquired property.<\/p>\n\n\n\n
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<\/a><\/figure><\/div>\n\n\n\n<\/div>\n\n\n\nWhen can a wife claim maintenance from her husband?<\/h3>\n\n\n\n
Maintenance is mostly understood as a financial support that a wife can claim from her husband after divorce. However, the word has a wider meaning as Under Section 3(b) of the Hindu Adoption and Maintenance Act, 1956\u00a0 maintenance can be claimed by wife, children, parents as well as by husbands also. The Act defines ‘maintenance’ as “provisions for food, clothing, residence, education And medical <\/a>attendance and treatment”.\u00a0<\/p>\n\n\n\nRights of women to claim maintenance, whether married or divorced:<\/h3>\n\n\n\nUnder Personal laws: <\/h4>\n\n\n\n
Different religions are governed under their own personal laws- <\/strong><\/p>\n\n\n\nInterim and permanent Maintenance: UNder the Hindu Marriage Act, 1955, there are two types of maintenance, Interim and Permanent. Under Section 24, maintenance is granted by the court to the spouse during the pendency of the suit proceedings, while the permanent maintenance is provided along with alimony under section 25. Streedhan is not included in the maintenance. The maintenance provided is in accordance with the financial status of the husband, his liabilities and responsibilities, also wife’s income and other similar facts.<\/p>\n\n\n\n
If the woman is earning: <\/h4>\n\n\n\n
According to the ruling of the Supreme Court, the wife can claim maintenance, even if she is earning and her income is not sufficient for her sustenance. Thus, the belief that a working woman can’t demand maintenance is not true. Also, under the provision of CrPC, 1973 a wife can claim maintenance even if she is not divorced but has separated. Also, as per the ruling of the High Court, a husband can’t deny <\/a>paying maintenance to his wife because he is jobless or not earning.<\/p>\n\n\n\nCan husbands claim maintenance: <\/h4>\n\n\n\n
Section 24 of HMA, 1955 talks about both husband and wife, thus if a husband can’t support himself financially and the wife is earning more than the husband and is well-off monetarily, the husband can also claim maintenance.<\/p>\n\n\n\n
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<\/a><\/figure><\/div>\n\n\n\nWhen can a wife claim maintenance from her husband?<\/h3>\n\n\n\n
Maintenance is mostly understood as a financial support that a wife can claim from her husband after divorce. However, the word has a wider meaning as Under Section 3(b) of the Hindu Adoption and Maintenance Act, 1956\u00a0 maintenance can be claimed by wife, children, parents as well as by husbands also. The Act defines ‘maintenance’ as “provisions for food, clothing, residence, education And medical <\/a>attendance and treatment”.\u00a0<\/p>\n\n\n\n Different religions are governed under their own personal laws- <\/strong><\/p>\n\n\n\n Interim and permanent Maintenance: UNder the Hindu Marriage Act, 1955, there are two types of maintenance, Interim and Permanent. Under Section 24, maintenance is granted by the court to the spouse during the pendency of the suit proceedings, while the permanent maintenance is provided along with alimony under section 25. Streedhan is not included in the maintenance. The maintenance provided is in accordance with the financial status of the husband, his liabilities and responsibilities, also wife’s income and other similar facts.<\/p>\n\n\n\n According to the ruling of the Supreme Court, the wife can claim maintenance, even if she is earning and her income is not sufficient for her sustenance. Thus, the belief that a working woman can’t demand maintenance is not true. Also, under the provision of CrPC, 1973 a wife can claim maintenance even if she is not divorced but has separated. Also, as per the ruling of the High Court, a husband can’t deny <\/a>paying maintenance to his wife because he is jobless or not earning.<\/p>\n\n\n\n Section 24 of HMA, 1955 talks about both husband and wife, thus if a husband can’t support himself financially and the wife is earning more than the husband and is well-off monetarily, the husband can also claim maintenance.<\/p>\n\n\n\nRights of women to claim maintenance, whether married or divorced:<\/h3>\n\n\n\n
Under Personal laws: <\/h4>\n\n\n\n
If the woman is earning: <\/h4>\n\n\n\n
Can husbands claim maintenance: <\/h4>\n\n\n\n