Maintenance and divorce

Since your wife is a native of J&K and your marriage was also solemnized/registered in Kashmir, she can apply for maintenance u/s 488 whilst within the jurisdiction of J&K. Before granting of the maintenance order in favor of the wife, it needs to be proved to the satisfaction of the court that the husband has sufficient means to maintain his wife and that he refuses or neglects to maintain her.

However, maintenance may be denied in cases where, either the wife refuses to live with the husband (without sufficient reason,) or she and her husband are living apart by mutual consent. Also, regard will be given as to the needs and the social position of wife. If the court deems the wife can take sufficient care of such needs, maintenance would be denied. I'd advise you to get in touch with a local advocate so he can assist you in building your case and get you smoothly through the proceedings.

Yes, your wife can file divorce petition under HM Act and she can also claim maintenance if her earning is not sufficient to maintain her. Consult a lawyer with all details.