InvestorQ : How can women claim maintenance under different personal laws from her husband?
Gayatri Surendran made post

How can women claim maintenance under different personal laws from her husband?

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12 months ago
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Maintenance is generally understood as the financial support that a woman can claim for her husband after divorce. However, the word has a much wider meaning in the common parlance, as maintenance can not only be claimed by a woman from her husband, the husband can also claim maintenance from their wives if they are well-off and earning more than the men.
However, rules differ under different personal/religious laws:

Hindus: The Hindu Marriage Act, 1955(2), and the Hindu Adoption and Maintenance Act, 1956, give both men and women the right to claim maintenance after divorce. Under the Hindu Marriage Act, 1955, there are two types of maintenance—interim or temporary, and permanent—that can be ordered by a court. The former, under Section 24, is the maintenance granted to a spouse during the pendency of court proceedings, while the latter includes permanent maintenance and alimony under Section 25.

Parsis: The Parsi Marriage and Divorce Act, 1936, makes the husband liable to pay maintenance to wife for life if she remains unmarried after divorce, and can get a maximum of one-fifth of his net income.

Muslims: Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, the wife has to be paid maintenance in the iddat period and Mehr has to be returned.

Christians: Under Section 37 of the Indian Divorce Act, 1869, the divorced wife can get maintenance for life by applying in a civil or a high court.

Secular: Under Section 125 of the Code of Criminal Procedure, 1973, members of all communities can claim maintenance including wives, children, and parents if they are unable to support themselves.

However, maintenance does not include any kind of stridhan that has been given to her at the time of marriage. Also, the quantum of maintenance is decided by the court by assessing the husband’s financial income, assets, liabilities, wife’s financial status, wife’s employment status, and some other factors.
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