Maintenance

Cr P C 125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) His wife, unable to maintain herself, or

(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself.

Please see the Underlying Text which would answer your doubt.

If she has already filed divorce petition, interim maintenance under Section 24 lies before the same court and in the same file.  Section 24 does not talk about mere basic necessities but it will take into consideration of living standards of both husband and wife at the time of and after the marriage.  If, with her earnings, she is not in a position to maintain her living standards comparable to her husband, she can certainly claim for appropriate amount of monthly maintenance till the pendency of the case.  She can file the application at any stage after issuance of notice to the respondent husband.  After counselling is over, the application under Section 24 will be taken up first for disposal.