Grant of Maintenance for Divorced Wife - How things work

The Code of Criminal procedure has put a system in place whereby the divorced wife can claim maintenance after the divorce but there are a lot of things to take into consideration if you are planning for a divorce and particularly if you are not completely aware of the provisions made under the Section 125. Of course, for detailed information on such matters, the best thing to do is to approach a reputed and experienced supreme court lawyer in Delhi (or your native place), here are certain things that are worthy of note. 

Meaning of Maintenance

But first, let us understand the meaning of Maintenance from the legal perspective. Maintenance means “food, clothing, lodging and a standard of living that the wife enjoyed while living with her husband"

An adulterous wife cannot claim maintenance

The first thing to know about claiming maintenance from the husband is not be leading an adulterous life. This forfeits the wife of her right to maintenance. According to the law, adultery means “sexual intercourse by a married person with a person who is not the spouse”. 

Living separately (without mutual consent)

The law does allow maintenance to be given to a wife who has left her husband without sufficient reasons. This depends on the facts and circumstances from one case to another and the best divorce lawyer in Delhi NCR would be able to explain this in great details. But some of the accepted reasons for which a wife may live separately is if the husband has married again or has kept a mistress. For of such acceptable reasons, talk to the best supreme court lawyers in Delhi. 

Living Separately (with mutual consent)

Living separately before the dissolution of the marriage is not accepted grounds for getting maintenance. Section 125(4) mentions that a wife living separately with mutual consent is considered a divorced wife unless she has started living separately after the dissolution of the marriage. Therefore, in order to be eligible for maintenance after divorce, the wife should be living together with her husband. More on that can be explained by an expert divorce lawyer in Delhi. 

Married again (after divorce), or able to maintain self 

If the wife has remarried after a divorce she loses the right to maintenance from her previous husband. Also, women who can maintain their basic lifestyle on their own are usually not entitled to maintenance since the definition of the term means basic requirements, which can be arranged by an employed woman or businesswoman. However, this may change from one couple to the next and an experienced divorce lawyer in New Delhi is the best person to advise you more on this matter.