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DIVORCE MAINTENANCE
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Divorce Maintenance for Husband (Husband's Rights):

  1. 1)Section 24 of the Hindu Marriage Act:

    • This section allows a husband to seek maintenance during the pendency of divorce proceedings.
    • The primary consideration for the court is whether the husband has the financial means to support himself and pay for legal expenses.
    • The court will also take into account the wife's financial situation and her ability to contribute to her husband's maintenance.
    • The maintenance granted under Section 24 is usually temporary and intended to ensure that the husband can sustain himself throughout the divorce process.

  1. 2)Section 125 of the Code of Criminal Procedure (CrPC):

    • Section 125 CrPC provides a broader framework for maintenance and applies to individuals of all religions.
    • Under this section, a husband can seek maintenance from his wife if he can demonstrate that he is unable to maintain himself financially.
    • The court will consider factors such as the husband's income, the wife's income, and the overall circumstances of the case.
    • The maintenance granted under Section 125 can be ongoing and may continue even after divorce, depending on the circumstances.

Divorce Maintenance for Wife (Wife's Rights):

    1. Section 24 of the Hindu Marriage Act:

      • Wives can also apply for maintenance under Section 24 of the Hindu Marriage Act during divorce proceedings.
      • The court will consider factors such as the wife's financial needs, her income (if any), and the husband's capacity to provide maintenance.
      • Similar to husbands, the maintenance awarded under Section 24 for wives is generally temporary and aims to ensure their financial well-being during the divorce process.

    2. Section 125 of the Code of Criminal Procedure (CrPC):

      • Wives, regardless of their religion, have the right to seek maintenance from their husbands under Section 125 CrPC.
      • To obtain maintenance, the wife must prove that she cannot maintain herself adequately.
      • The court will assess the husband's income and the wife's financial needs when determining the maintenance amount.
      • Maintenance granted under Section 125 can be ongoing, especially if the wife is unable to support herself due to various factors.

    3. Protection of Women from Domestic Violence Act (PWDVA):

      • In cases where a wife has faced domestic violence or abuse, she can seek protection and maintenance under the PWDVA.
      • This law allows a wife to obtain maintenance as part of a protection order, which may include financial support and other forms of relief.
      • The court may grant maintenance to ensure the wife's safety and well-being.

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