Yes, a woman can claim maintenance without getting divorced in India. A wife who is living separately from her husband for valid legal reasons—such as cruelty, domestic violence, neglect, or desertion—may seek financial support even if the marriage is still legally valid.
A woman can claim maintenance under different laws, depending on her circumstances, including the Criminal Procedure Code, the Protection of Women from Domestic Violence Act, 2005, and applicable personal laws. The court considers factors such as the husband's income, the wife's financial needs, the standard of living during the marriage, and whether she has sufficient means to support herself.
If the court finds that the husband has neglected or refused to maintain his wife without a valid reason, it may order him to pay monthly maintenance. The amount awarded varies from case to case based on the financial situation and evidence presented by both parties.
