Can a wife file an application for maintenance without filing for divorce?
Yes. A wife can file an application under Section 125 of the Criminal Procedure Code for maintenance. (‘Wife’ here includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried) If any person who has sufficient means, neglects or refuses to maintain his wife (who is unable to maintain herself) then the wife can file an application before a Magistrate- I class- for maintenance. The Magistrate of the first class, upon proof of such neglect or refusal, will order such person to make a monthly allowance for the maintenance of his wife.
Related Questions
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- Can a husband file for divorce if his wife lives in another country?
