The Hindu Marriage Act,1955

 

24. Maintenance pendente lite and expenses of 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:

 

¹[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

Hi Stanley, Many thanks. I filed the case on adultry, so what are the chances that she will get the money through this section. what I will show that I am not working anywhere, my parents bearing the expenses of this case.... now please suggest ?

Everything depends on how your lawyer pleads your case . 

If she was really living in adultery and you can prove that in the Court too, then you wouldn't have to pay her maintenance.

 

A woman can't get maintenance from her Husband if:

(according to Section 125(4) of Criminal Procedure Code, 1973)

No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.

as suggested you need to defend well.

show that you are not working with supportive case laws.

regards-

rahul.gogreen@gmail.com