RESEARCH MEMORANDUM
DATE: 28.06.2021
DAY: MONDAY
Section 24 and 25 Hindu Marriage Act
Can a wife independently file a case against the husband for maintenance?
Ans.
Under Section 24 of HMA if the court considers fit and it satisfies that either
wife or husband does not have an independent income, then it can order the
respondent to pay the maintenance to the petitioner in accordance with the
provisions of this section. Thus, the respondent can be a husband as well.
The Court can direct the respondent to bear the expenses of the proceedings and
provide such monthly sums to the applicant, as it deems fit, during the course of
proceedings.
According to the provisions of section 25 of the Act, that deals with the granting
of alimony on a permanent basis, the court may on the application mode by the
claimant, order to provide for maintenance either within the kind of periodical
payments or a gross add to be provided. Thus, in this case furthermore the
respondent will either be a wife or a husband.
Such permanent maintenance can be a gross sum or a monthly amount or
a periodical amount for a term not exceeding the life of the applicant.
Section 125 of CrPC obligates a husband to maintain his wife. The Supreme
court In Bhuwan Mohan Singh Vs. Meena & Ors has held that Section 125 was
convinced to enhance the agony, anguish, financial suffering of a woman who
left her matrimonial home for the reasons provided in the provision so that
some suitable arrangements can be made by the Court and she can sustain
herself and also her children if they are with her.
