1.Under the Hindu Marriage Act of 1955, both husband and wife can claim interim or permanent alimony/ maintenance.
2.Under the Special Marriage Act of 1954, only wife can claim interim or permanent alimony/ maintenance.
1. The Hindu Marriage Act – 1955:- The basic Hindu Marriage Law extends to the whole of India, except the States of Jammu & Kashmir. It also applies to all Hindus domiciled in the applicable territories but who are primary outside the territory.
2. It applies to any person who is a Hindu by religion and in any of its form, developments, including a virashaiva, lingayath or a follower of the Dravidic prarthana or Aryasamaj, also to Buddhist, Jain and Sikhs..
3. It also applies to any other person who is domiciled in India who is not a Muslim, Christian, Parsi or Jew by religion.
4. It applies to Hindus by birth (also by religion)
5. Conditions for Hindu Marriage:
(i) Both must be Hindus.
(ii) Neither party has a living spouse at the time of marriage
(iii) The bridegroom is age of 21 years and the bride 18 years at the time of marriage.
(iv) At the time of marriage neither party must be unsound, suffering from mental disorder, recurrent attacks of insanity or epilepsy.
(v) Both must be capable of giving their valid consent.
(vi) Both parties are not within the degree of prohibited relationship or not sapindas of each other.
(vii) If two are brother and sister, uncle or niece or aunty or nephew, or children of brother and sister or of the two brothers or of the two sisters are prohibited from marriage, i.e., the brothers widow, the paternal or maternal uncle’s widow, grandfather widow, grandmother brother’s widow and the children of brother and sister are prohibited.
(viii) Lineal ascendants, wife or husband of lineal ascendant or descendant are prohibited from marriage.
(ix) Marriage not solemnized in accordance with customary rites and ceremonies may not be complete and binding.
(x) Sapthapadi (7 steps) exchange of garlands, tying thali, exchange of finger rings etc., are prevailing form of ceremonies.
(xi) At present registration of Hindu marriage is not compulsory
6. Marriage can be registered after the marriage with the marriage officer.