Can a Wife Get Maintenance After Divorce in India?
Yes, a wife can get maintenance after divorce in India, depending on several factors such as her financial status, the religion of the parties, and the applicable laws.
✅ General Answer:
Yes, a divorced wife is entitled to claim maintenance in India if she is unable to maintain herself.
🧾 Legal Provisions Allowing Maintenance After Divorce
1. Section 125 of the Criminal Procedure Code (CrPC), 1973
Applies to all religions.
Provides a simple and fast remedy.
A divorced wife can claim monthly maintenance if:
She is unable to maintain herself.
The husband has sufficient means and refuses to maintain her.
Even a divorced Muslim wife can claim under this section (as upheld in Shah Bano case).
💡 Amount depends on needs of the wife and income of the husband.
2. Personal Laws
Hindu Law (Hindu Marriage Act, 1955)
Section 25: A divorced Hindu wife can claim permanent alimony and maintenance, lump sum or periodic.
Section 18, Hindu Adoption & Maintenance Act, 1956: Recognizes maintenance rights of wives.
Muslim Law
Iddat Period: Husband must maintain wife during iddat (~3 months).
Post-Iddat:
If the woman is unable to maintain herself, she can claim under Section 125 CrPC (per Shah Bano and Danial Latifi cases).
She is also entitled to Mahr (Dower) and fair settlement (Muslim Women Act, 1986).
Christian Law (Indian Divorce Act, 1869)
Section 37 & 41: Divorced wife can claim alimony and maintenance.
Parsi Law (Parsi Marriage and Divorce Act, 1936)
Provides for maintenance to a divorced wife under court orders.
🔍 Factors Considered by the Court
Wife’s financial status and earning capacity.
Husband’s income and financial ability.
Standard of living during marriage.
Duration of the marriage.
Health and age of the parties.
Custody of children (if any).
📌 Important Supreme Court Judgments
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Landmark ruling granting Muslim divorced wife right to maintenance under Section 125 CrPC.
Danial Latifi v. Union of India (2001)
Interpreted that a Muslim husband must make a reasonable and fair provision for the divorced wife beyond iddat.
Shailja & Anr. v. Khobbanna (2018)
Maintenance is not charity, but a legal right.
✅ In Summary:
| Law/Provision | Can Wife Claim Maintenance After Divorce? | Remarks |
|---|---|---|
| Section 125 CrPC | ✅ Yes | Applies to all religions |
| Hindu Law | ✅ Yes | Section 25 HMA |
| Muslim Law | ✅ Yes | During iddat + under CrPC |
| Christian Law | ✅ Yes | Under Indian Divorce Act |
| Parsi Law | ✅ Yes | Maintenance awarded by court |
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