Maintenance & Alimony
Maintenance of Hindu wife and children under Hindu Marriage Act 1955

Under section 23A in any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion but also make counter claim for any relief under this Act on that ground and if the petitioners adultery ,cruelty, or desertion is proved , the court may give to the respondent any relief under this Act to which he or she had presented a petition seeking such relief on that ground.
Section 25 speak about permanent alimony and maintenance.

Maintenance of Muslim wife and children under The Muslim Women (Protection of Rights on Divorce)Act 1986.

Section 3 speaks about Mahr or other properties of Muslim woman to be given to her at the time of divorce
Maintenance of Christian wife and children under Divorce Act 1869.

According to section 36 of the Act in any suit of divorce under this Act whether it be instituted by a husband or a wife and whether or not she has obtained an order of protection the wife may present a petition for expenses of the proceedings and alimony pending the suit. Such petition shall be served on the husband and the court on being satisfied of the truth of the statements therein contained may make such order on the husband for payment to the wife of expenses of the proceedings and alimony pending the suit as it may deem just.
Maintenance of wife under the code of criminal procedure code 1973
According to Section 125 of C.R.P.C

If any person having sufficient means neglects or refuses to maintain

  • His wife unable to maintain herself. Here wife includes a women who has been divorced by or has obtained a divorce from her husband and has not remarried

  • His legitimate or illegitimate minor child whether married or not unable to maintain itself. Here minor means a person who, under the provisions of the Indian majority Act is deemed not to have attained his majority.

  • His legitimate or illegitimate child not being married daughter who has attained majority where such child is by reason of any physical or mental abnormality or injury unable to maintain itself.

  • His father or mother unable to maintain himself or herself.

A magistrate of the first class may upon proof of such neglect or refusal order such person to make monthly allowance for the maintenance of his wife or such child father or mother at such monthly rate as such magistrate think fit and pay the same to such person as the magistrate may from time to time direct.