Can wife taking divorce ask for maintenance from husband?

Indeed. The wife is entitled to file for Maintenance. To grant the same or not is upon the discretion of the Court upon reviewing the relevant factors for the same.

As is stated aboved.

Please take note of what's been laid down in explanation (b) u/s 125(1) of the CrPC: "Wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried." Thus, the husband is not bound to pay maintenance, (even after the court decree for maintenance in wife's favor if any is awarded, as it shall be canceled,) as soon as the wife remarries.

Also, note, s125 clarifies that wife wouldn't be entitled to maintenance if:
-she's living in adultery.
-she's refused to live with the husband for no sufficient reason
-she and the husband are living apart upon mutual consent. However, the court would need proof to deny maintenance to wife based on either of these grounds.

Agree with both the above views.

Raveenaji,

Thanks for the reply.  Point in the question is, as per record wife deserted husband for 7 years by making false allegations and litigations to extract money.  When allegations proved false and she was not successful in litigations, she filed divorce on the ground of irretrievable breakdown of the marriage.    The marriage broke down due to the fault of wife then how she can ask for maintenance.

Originally posted by : bhanudassss
	Point in the question is, as per record wife deserted husband for 7 years by making false allegations and litigations to extract money.  When allegations proved false and she was not successful in litigations, she filed divorce on the ground of irretrievable breakdown of the marriage.    The marriage broke down due to the fault of wife then how she can ask for maintenance.

If you can prove that she deserted you and her false cases was the reason behind breakdown of marriage.  Court may refuse to provide relief to her

You have been appropriately advised.

As per setion 25 of Hindu marriage Act - Permanent Alimony, a wife is entitled to get maintenance even after obtaining divorce. the section reads as follows,

25 Permanent alimony and maintenance .—

Thanks Adv. Azhagananth for your precise reply.  This post will remove confusion in minds of many people.

Wiffe taking divorce only will ask for mentennace. who else will ask your kaamwali?

Vague post by member account deleted.

Originally posted by : bhanudassss
	Raveenaji, Thanks for the reply.  Point in the question is, as per record wife deserted husband for 7 years by making false allegations and litigations to extract money.  When allegations proved false and she was not successful in litigations, she filed divorce on the ground of irretrievable breakdown of the marriage.    The marriage broke down due to the fault of wife then how she can ask for maintenance.

Desertion is a sufficient ground to defeat the wife's claim to any Maintenance and the same has been laid out by Raveena ji in her original response to you. Therefore, all you need to do is prove that the allegations/cases she has filed against you were merely an excuse to prima facie shield her from the accusation of Desertion.