Maintenance to wife is a complicated aspect of divorce in India. Often, divorcing couples are confused about the concept of maintenance and find themselves in peril when dealing with a maintenance petition comes into the picture. Usually, a wife is entitled to claim maintenance from her husband before, during and after the divorce, but there are certain cases when the wife is disqualified from claiming maintenance.
Maintenance is defined as the basic financial support to wife by the husband when she is unable to maintain and provide food, clothing, and shelter to herself and her children. Under the Indian laws, a husband is liable to pay maintenance to his wife not only after the divorce but also before the divorce and during the divorce proceedings.
The court considers various factors when determining the husband’s liability and amount of maintenance to be paid to the wife such as the husband’s income, the wife’s income, husband’s dependants, and the laws applicable over them.
Under the different Indian laws, a wife gets disqualified and becomes unentitled to claim maintenance from her husband in certain cases. This guide lays down the instances wherein the wife is not entitled to claim maintenance from her husband.