Answer:
Yes, but only when she is unable to maintain herself and facts are in her favour. Wife can claim maintenance after divorce in India depending on the facts of each case. Maintenance is not granted automatically in every divorce case but every wife has a right to claim maintenance after divorce under Indian law subject to her income and needs, standard of living during marriage, husband’ qualifications and income, his liabilities and children’ expenses, conduct of parties and other circumstances of the case.
She can file a claim for maintenance under Section 25 of Hindu Marriage Act. The court may grant permanent alimony and maintenance either in the decree or at a later stage also depending on facts and circumstances of each case. The court may award lump sum amount or monthly/periodical payments considering the income and property of the parties, their conduct and other circumstances of the case.
She can also claim maintenance from her husband under the general provision of maintenance now inserted as Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023. This law provides for maintenance of wives, children and parents if a person having sufficient means, neglects or refuses to maintain them. Section 125 CrPC was earlier commonly used for claiming maintenance from husband.
A claim for maintenance by a divorced wife can become weak or liable to modification if she has independent income, got fair amount at the time of divorce settlement, remarries or if the Court finds legal grounds to vary or cancel maintenance order. Under Section 25 Hindu Marriage Act, Courts can vary or modify or rescind the order where circumstances change. The Courts can also vary maintenance order when a party receiving maintenance remarries or as per other conditions specified in statute.
To conclude, wife can claim maintenance after divorce but the Court will not decide simply on emotions. The Court will look into her financial dependency on her husband, real expenses, ability to earn, assets if any, child custody and responsibility, terms of settlement in the past (if any) and whether claim of maintenance is fair.
HOW CAN Advocate BK Singh HELP YOU?
Advocate BK Singh can first advise you whether your claim of maintenance after divorce is legally maintainable or not. He will analyze your divorce decree, terms of settlement (if any), income proof, bank statements, ITR, salary slips, liabilities, expenses incurred for children, medical expenses and pending litigations if any before reviewing the correct legal course for you.
If you are wife demanding maintenance, Advocate BK Singh can help you draft your claim clearly along with supporting documents, details of expenses, dependency and inability to earn and documents related to children and pleading which can be filed in Court.
If you are husband and wife has moved a divorce claim for maintenance against you, Advocate BK Singh can help you analyze if the claim is exaggerated, if wife is working or has any independent source of income/assets, if you had given settlement earlier and whether the claim/demand of wife is sustainable in law.
Maintenance claims after divorce need thoughtful drafting and strong financial documents. Advocate BK Singh helps clients state their facts firmly, avoid weak/ emotional pleading and fight legally for fair outcome in the correct court.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
