27/04/2022
Section 125 of the Criminal Procedure Code (CrPC), 1973
As per the Hindu Marriage Act, divorce maintenance is about the husband providing financial support for his wife’s living expenses. Generally, it’s not just the wife but the children and her parents are equally entitled to receiving financial aid from the father/husband/son-in-law.
There are some provisions that give the wife the right to claim maintenance from her husband. Section 125 of the Criminal Procedure Code (CrPC), 1973 provides an effective remedy for neglected persons to seek maintenance, especially for a wife in India.
The law has laid down certain rules to follow in case of providing a specified amount of maintenance, which is applicable due to terms & conditions.
Maintenance Rights of a Divorced Woman in India
Maintenance laws and rules differ from religion to religion. The amount of maintenance fixed by the court depends upon the monthly income of the husband, the income of the wife, his financial status, among other things. India being a democratic country provides its citizens with various laws which are essential in earning a livelihood. A woman is considered as a legal “Wife” of a man, only if their marriage hasn’t proved to be null and void. From the right to the residence at the house of her husband to have an equal share in the property, a legally wedded wife enjoys many rights.
As per the maintenance laws & rights, it is the duty of the husband to pay his wife a lump-sum or monthly payment, known as maintenance, where the maintenance without divorce or after a divorce has to be paid. The amount of maintenance is either decided by a mutual settlement between the husband and wife, or in accordance with the order received from the court. It is the women’s right after divorce in India.
