This article is written by Diksha Kushwaha, a fifth-semester undergraduate law student at Prof. Rajendra Singh (Rajju Bhaiya) University, Prayagraj.
Abstract
The article titled as “ Law of Maintenance in India” critically examines how laws related to maintenance work in the Indian legal system and how or who can claim it . All the laws related to maintenance works either before and after the commencement of this act . The maintenance laws were likely designed to protect financially weaker spouses and other dependents who aren’t able to maintain themselves, but they have sometimes failed to keep up with social realities. This article is going to look at the ground reality of maintenance, women who find it difficult to enforce maintenance orders, and men who are often assumed to be well off financially, and highlighting the every possible important things about maintenance in India .
Maintenance
Introduction
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a
monthly basis or in form of a lump sum. Maintenance to wife is a very complicated issue under Hindu Marriage Act. It is often stated as a means to exploit the husband by asking alimony for life. Section 24 of Hindu Marriage Act, 1955 (The Act) states that either husband or wife may claim maintenance pendent lite i.e. maintenance till the proceedings are in process1. Further, section 25 of the Act states the grounds for permanent alimony. Maintenance to the wife refers to the payments, which a husband, under certain circumstances, is under an obligation to pay. Obligation of payment of maintenance can either during the subsistence of the marriage or after the dissolution of the marriage. The most important aspect of maintenance is that the party which relies on maintenance has no independent source of income to support himself/herself2.
Maintenance in India
Maintenance’s literal meaning is providing basic needs/support like food , shelter / residence, clothes, education and medical attendance and treatment to dependents3. Maintenance has a wide meaning which not only includes basic structure but also a reasonable standard of living and this is clearly defined under section -3(b) of Hindu adoption and maintenance act ,1956.
It’s based on the idea of social justice and moral duties. In many families members like wives , children and aged parents depend on the person who is earning and in the case if the earning person neglects them , they may suffer. Therefore to protect those members law makes it a legal duty to provide basic needs.
Who is entitled to maintenance under the Hindu adoption and maintenance act ,19564
Under the Hindu law , different people can claim maintenance.
A wife has a right to claim maintenance by her husband during her lifetime under section 18 and this right automatically arises from marriage ( legal marriage ). A very important feature is given under section 18 (2) , it allows the wife to claim maintenance while living separately from her husband , if there’s any valid reason such as – If he’s guilty of desertion.
If he has treated her with cruelty.
If he has another wife,
If he keeps a concubine in the same house.
If he has converted to another religion, If
there’s any other justifiable cause.
Similarly under section 19 widowed daughter-in-laws can also claim for the maintenance. Under section 20 aged parents and children are entitled to maintenance. And for other dependents there’s section 21.
Maintenance under Bharatiya Nagarik Suraksha Sanhita (BNSS) – ( CrPC section -125)
Under criminal law maintenance is defined in section 144 of BNSS, 20235replaces Section 125 of the old CrPC6. Which provides a quick and secular remedy available to all people . There’s a ground for refusal given , which means a wife cannot claim maintenance if she is living in adultery or refuses to live with her husband without a valid and sufficient reason.
Maintenance of a muslim women
Maintenance during the Iddat: The divorced woman is entitled to a reasonable and fair amount of maintenance for herself during the ‘Iddat’ period from her former husband.
Maintenance after the Iddat: The divorced woman who remains unmarried after the Iddat, and is unable to maintain herself, is entitled to get maintenance from her such relatives who would inherit her properties upon her death. In the absence of any such relatives or, where they have no sufficient means, then ultimately the liability to maintain her is cast upon the Waqf Board of the state in which she resides.
The Muslim Women (Protection of Rights on Divorce) Act,19867 has now made the operation of Section 125-128, of the Criminal Procedure Code, 1973 optional in respect of Muslim women.
Judgment :- Important landmark cases
–Mohd. Ahmed Khan vs. Shah Bano Begum (1985) 8
In this case Shah Bano was divorced by her husband and sought maintenance under Section 125 CrPC , But Husband argued that under Muslim personal law he was only liable during the iddat period. Therefore, the Supreme court held that a divorced Muslim woman could claim maintenance under Section 125 CrPC if unable to maintain herself.
This judgment emphasized social justice and protection of women.
–Rajnesh vs. Neha (2020) 9
This case concerned multiple maintenance proceedings and inconsistent orders. That is why the Supreme Court issued guidelines for determining maintenance. And directed parties to disclose assets and income. Which helps to make maintenance proceedings more transparent and efficient.
–Danial Latifi vs. Union of India (2001) 10
In this case the Supreme Court held that all the writ petitioners challenging the constitutional validity of the Muslim Women Act 1986 were clubbed together in this P.I.L. under Article 32 of the constitution. The writ petition was dismissed by the Supreme Court challenging the validity of Muslim Women Act 1986. The court upheld the validity of the act.
–Savitabhen Somabhai Bhatiya vs. State of Gujarat (2005) 11
In this case the court held that the only legally wedded wife can claim for maintenance. Social Stigma Associated with Maintenance
Maintenance is a legal right of a person and it’s given in law, but still in India, maintenance is not highly valued. Whenever a woman demands maintenance, society often views it as greedy or a financial burden rather than recognizing it as a legal right. But on the other hand, dowry, which is totally illegal, is still there in society and highly acceptable in the name of gifts. Society considered this type of transaction a parent’s love for their daughter. And they think that dowry displays the families’ wealth, social standing, and pride to the community. Most of the time families tolerate giving a dowry because there’s a thinking that giving a dowry is a way to secure the bride’s goodwill and safety in her new home. And such thinking and societal pressure make illegal customs continuous for a longer time.
But things that are completely lawful and should be treated as normal (like maintenance) make people think that taking money from an ex-husband is framed by a woman’s natal family as a blow to their own self-respect and capacity to support her.
There’s also some thinking that whenever a person (a woman especially) demands maintenance, society views it as harassment against the other person (husband). Instead of understanding that this legal mechanism is designed to provide necessary financial support and security.
Criticism
In some cases both parties don’t disclose their income and assets properly in front of the court, which leads to unfairness in decision-making.
There are also some cases where wives demand maintenance that is more than sufficient for standard living but forget that there are more people in families who are also dependent on him for their living.
Sometimes husbands struggle to fulfill all their wives’ demands, but they still have to pay for their wives’ standard of living, which causes such persons mental illness and disturbance.
Conclusion
Every person who is unable to maintain themselves has a right to maintenance. Even the court has said that if a wife earns little, she can still claim it if it is not enough. This act applies to marriage before and after the commencement of this act during her lifetime.
Section 25 of HAMA, 1956, clearly defines that the amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.
Courts have also connected Maintenance with article 21 of Indian constitution , which means the right to live and personal liberty . This emphasises that every person has a right to live with dignity, not just mere surviving .
References
1 Hindu Marriage Act Section 24.
2 Hindu Marriage Act Section 25.
3 Hindu adoption and maintenance act 1956 Section 3(b)
4 Hindu adoption and maintenance act 1956 Section 18, Section 19 , Section 20, Section 21
5 Bhartiya Nagrik Suraksha Sanhita 2023, Section 144
6 Code Of Criminal Procedure, 1973 Section 125
7 Muslim Women (Protection of Right on Divorce)1986, Section 3
8 AIR 1985 SC 945.
9(2021) 2 SCC 324
10 (2001) 7 SCC 740
11(2005) 3 SCC 636
