Section 125 of Cr.P.C.

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When any person neglects or refuses to maintain- 
(a) wife, 
(b) children, 
(c) parents, 
they can claim maintenance by filing an application before the Magistrate.

Such maintenance is granted at whatever monthly rate the Magistrate deems appropriate.

You are entitled to maintenance if you are a woman who has been divorced by your husband or who has obtained divorce from your husband.

A wife, on the other hand, cannot claim maintenance if she is living in adultery or refuses to live with her husband for any reason. She cannot claim such maintenance if she remarries after the date of her divorce. A husband may apply for the cancellation of any such order of maintenance on any of these grounds.

Even if the husband and wife live separately by mutual consent, the wife is not entitled to such maintenance.

Author: Mayur Vinod Faria

This is Advocate Mayur Faria. I hope you found my information useful.