Law Querier (Service) 26 June 2013

Maintenance and permanent alilmony

The Mutual consent Divorce through POA by wife and husband is proceeding in family court of India.Husband has job with lower income. Wife is in foreign country and well maintained herself and earning very well.But, Husband has no valid proof for her income because he is living in India and can not go and search in foreign country.
Que:1.Can husband claim during proceedings of MCD case, u/s.25(permanent alimony & maintenance)and u/s.26 (maintenance pendente lite & expenses)of The Hindu Marriage Act?
Que:2.Can wife claim permanent alimony u/s.37 of The Indian Divorce Act from husband though she is well maintained herself and divorce through mutual consent?

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2 Replies

(Guest)

Both are possible. He can claim maintenance. She can also claim maintenance. But maintenance is awarded on proof of income.

Adv Archana Deshmukh (Practicing Advocate) 26 June 2013

Your questions are itself totally absurd..... on one hand you are talking about MCD between the parties and applicability of hindu marriage act and on the other hand you are talking about whether the wife can claim alimony under the Indian divorce act.. How can both acts be applicable at one time in one proceeding ??