So far I understood, the maintenance acts in India are not gender neutral everywhere. Now act regarding ‘maintenance of one’s spouse’ may please be studied.
Maintenance divided into two parts –
(1) Before divorce,interim maintenance provided i.e. alimony pendente lite (U/s SEC 36 SMA) & maintenance Pendente lite and expenses proceedings (u/s sec 24, HMA)
(2) After divorce ….
SEC 36 SMA is a gender biased law; whereas sec 24 HMA is gender neutral, because, u/s 36 only wife entitled to get interim maintenance, whereas, u/s 24, both the spouses entitled to get interim maintenance. The act reproduced bellow for a careful reading with special attention to the underlined portions.
…… SMA SEC 36. Alimony pendente lite -Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable.
HMA SEC 24: Maintenance Pendente lite and expenses proceedings. - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
