The court will not make any order for either of the parties in the divorce petition under section 13 of the HMA, a separate application under section 24, 25 has to be filled by the either or both parties against the other to claim maintenance during the pendency of the main petition for divorce or after its finalization.
The claim of maintenance by either or both will be weighed by the court on the basis of individual income, financial status including the properties (from which income can be generated) held by each of the parties, along with the need for the maintenance that is in short for individual when living separately from the other.
The property belonging to the joint family or HUF or the income from the HUF, as the case may be will be taken up to the share that the individual has in such property from which he can make income or has share in the HUF income.
The right to alimony and maintenance to a spouse (either of them) is not an absolute right that the wife can claim from the husband, her own financial status is taken in account while any of her such application is to be decided.
As far the children of the parties, the minor children (less than 18 years) is the legal responsibility of both parents that they cannot ignore or avoid, but for children who have obtained the age of majority, although cannot claim maintenance from their parents but as a moral responsibility we all follow course and provide them till they are themselves financially stable, in the end they may or may not take care of aged parents that is another issue.
So the overall scenario is as I have discussed here, in addition to this I will like you to take a look to the Delhi High Court judgment in Kusum Sharma case that will be very helpful for understanding the concept of maintenance for the spouses.
