Rights of Divorced Wife for Grant of Maintenance

  • Rights of Divorced Wife for Grant of Maintenance

    Date : 01-11-2018 13:02

    As in India the rate and suits related to divorce are increasing day by day. Most of the woman are housewives so it is next to impossible for them to maintain themselves so Indian law provides provision for granting of maintenance to divorced wife by there husband.

     Not only in India but in whole world wife has the right to maintenance after divorce. In Indian law under section 125 CrPC under this section, there are many people who have the right to get maintenance including the wife. If a woman who is married and then divorced it is not possible for her to maintain herself without getting maintenance. Under CrPC husband is obliged to provide maintenance to her wife, and if refuses then he will be liable under criminal procedure code. Not only CrPC but under Hindu law, Muslim law and personal laws right for maintenance are given. India being democratic which provides many laws to women, one of which is right to livelihood and to fulfill the right to livelihood, maintenance after divorce is a must. It enables the wife to live life with pride and respect. There is also the provision of interim maintenance under which a wife is entitled to get maintenance while the court proceeding is still going on.

     Right to maintenance by husband : Under section 18 of the Hindu marriage act, 1956 a Hindu wife is entitled to claim maintenance in case if the husband filed for divorce or make her wife file for divorce and this can happen in many ways like if husband is guilty of cruelty, desertion, polygamy or has any vulnerable disease etc. maintenance under Muslim law, wife has right to claim a fair amount of maintenance bu her husband within the given iddat period. Husband is also required to provide MEHER to her wife which was promised at the time of the wedding. Under Christian law, the act prescribes one-fifth of the husband’s income as the maximum amount maintenance amount.

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