Can a wife claim maintenance from her husband without Divorce?
Maintenance is the support given in terms of financials, the wife can seek maintenance if there is no solution to meet the basic requirements even after separation or divorce. If the couple has a child from their marriage, the wife may also demand maintenance for the child. Even without divorce, maintenance comes when she is separated from her husband or her husband has separated from her without any proper reason.
Maintenance can be claimed by the wife under Section 125, CRPC. Section 24, Hindu Marriage Act is subject to the fact that:
- The wife is not living in adultery – if the wife is living with another man, she cannot even claim interim maintenance.
- No Reasonable Reason to Stay Separated from Husband – If the wife remains separated from the husband without any good or good reason and has left her husband, then she is not entitled to maintenance.
- Husband and wife are not separated by mutual consent – When the husband and wife agree to live separately and do not get divorced, the wife cannot claim maintenance from her husband because she is separated from her husband. Had agreed and her husband did not leave her.
A wife can claim only if Her husband has stopped living with his wife without any reasonable reason; Or left it. Also, she can claim maintenance when she is not able to meet her basic needs at the time, has no source of money, or earns less than her husband in the job.
In the case of Kalyan Dey Chaudhary v. Rita Dey Chaudhary – where the husband and wife lived separately after a son and the wife continued to stay at their ancestral home and considering the case, the apex court said:
Dr. Kulbhushan Kumar vs. Raj Kumari ANR (1970) 3 SCC 129, in this case, it was decided that it would be appropriate to give 25% of the husband’s net salary as maintenance to the wife. The amount of permanent alimony paid to the wife should be different from the status of the parties and the ability of the spouse to pay maintenance. ”