All About Maintenance

Advocate Jayendra Dubey | Uncategorized | 3rd Jun 2024 | 9 Minutes

Concept of Maintenance

Meaning:

The term “maintenance” refers to the support or sustenance necessary for living. It is not explicitly defined in any marriage laws across different religious communities. However, the entitlement to maintenance is premised on the claimant’s inability to support themselves. Maintenance typically includes expenses for the necessities of life but goes beyond mere survival, encompassing the lifestyle the claimant was accustomed to during the marriage. Courts consider various factors such as property possession, the husband’s earning ability, and the conduct of the parties when determining the amount of maintenance.

Objective:

The provisions regarding maintenance aim to serve a social purpose. These provisions are found in the Criminal Procedure Code, 1973 (sections 125-128), the Hindu Marriage Act, 1955, the Hindu Adoption and Maintenance Act, 1956, the Protection of Women from Domestic Violence Act, 2005, and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The primary objective is to enforce a man’s moral obligation to support his wife, children, and parents, ensuring they are not left destitute and driven to a life of vagrancy, immorality, or crime. The state seeks to prevent social problems arising from the inability of a wife, child, or parent to maintain themselves by providing appropriate measures.

Constitutional Provisions:

Maintenance laws align with Article 15(3) of the Indian Constitution, which allows the state to make special provisions for women and children. Article 39 also directs state policies to ensure that citizens have an adequate means of livelihood and that children develop in a healthy manner, protected from exploitation and abandonment.

Conditions for Maintenance:

• The relationship of husband and wife must be proven.
• The wife must be unable to maintain herself.
• The husband must have sufficient means.
• It must be proven that the husband has neglected or refused to maintain the wife.
• A divorced wife can claim maintenance provided she has not remarried. This applies whether the divorce was initiated by the husband, mutually consented, or obtained by the wife. However, the Muslim Women Act, 1986, exempts Muslim women from these provisions, and they are governed by a separate set of rules.

Maintenance Under Hindu Law

Maintenance of Wife:

Under Section 24 of the Hindu Marriage Act, 1955 (HM Act), either spouse can apply for interim maintenance if they lack independent income. The court determines the quantum of maintenance, which is payable from the date of petition presentation until the suit is dismissed or a decree is passed. Section 3(b)(i) of the Hindu Adoption and Maintenance Act, 1956 (HAM Act), defines maintenance to include provisions for food, clothing, residence, education, and medical attendance.

Grounds for Award of Maintenance:

• The husband has deserted or willfully neglected the wife.
• The husband has treated the wife with cruelty.
• The husband suffers from a virulent disease.
• The husband has another wife living.
• The husband keeps a concubine in the marital home.
• The husband has ceased to be a Hindu.
• Any other justifiable cause for separate living.

Quantum of Maintenance:

The court considers the person’s means and capacity when determining maintenance. For the husband, this includes his actual earnings and potential earning capacity , as it is presumed that every able-bodied person can earn and maintain his wife. Section 23(2) of the HAM Act outlines factors such as the parties’ status, the claimant’s reasonable wants, justification for living separately, and the claimant’s income and property.

Maintenance of Children:

Section 20 of the HAM Act obligates both parents to maintain their children. This includes bearing marriage expenses for an unmarried daughter. If a minor married daughter cannot maintain herself, she can claim maintenance under Section 125 of the Criminal Procedure Code. Children are also entitled to maintenance under Sections 24 and 25 of the HM Act if the claimant has the responsibility of maintaining them.

Maintenance of Parents:

Section 20 of the HAM Act also imposes an obligation on children to maintain their parents if they cannot maintain themselves. This applies equally to sons and daughters. The obligation to maintain parents includes stepmothers if they are unable to maintain themselves.

Key Judicial Pronouncements:

• K.Sivarama vs K.Bharathi: A marriage violating Sections 5 and 11 of the Hindu Marriage Act is invalid, and the woman cannot claim maintenance under Section 25 of the Act.
• Mangala Bhivaji Lad vs Dhondiba Rambhau Aher: The court ruled that second wives are not entitled to maintenance under the Hindu Marriage Act and the HAM Act.
• Shobha Suresh Jumani vs Appellate Tribunal: A wife living separately is entitled to claim maintenance under Section 18 of the Hindu Adoption and Maintenance Act.
• P. Srinivasa Rao vs P. Indira: The court emphasized that providing essentials for survival to a deserted wife and her children is a statutory and moral duty of the husband.
• Dayali Sukhlal Sahu vs Smt. Anju Bai Santosh Sahu: The obligation of a father-in-law to maintain a daughter-in-law arises if she cannot maintain herself from her parents’ estate.
• D. Krishna Prasada Rao vs K. Jayashri: The father’s obligation to maintain children is absolute, and the burden is on the parent to prove no default in an action for maintenance.

Maintenance Under Muslim Personal Law

Principles of Maintenance:

Maintenance under Muslim law includes food, clothing, and lodging. The obligation arises if the claimant has no property, is related to the obligor in prohibited degrees, or is the wife or child. The obligor must be in a position to support the claimant, and the obligation is subject to the economic condition of the obligor.

A husband is obligated to maintain his wife, regardless of her financial status, age, or physical condition, unless she is too young for matrimonial intercourse or refuses to cohabit without a valid reason. Maintenance is not payable if the wife is disobedient, leaves the husband’s house without justification, or elopes with another person. An agreement entitling the wife to maintenance upon certain conditions, such as ill-treatment or the husband’s second marriage, is valid.

The father is responsible for maintaining his sons until puberty and daughters until marriage. This includes upkeep for widowed or divorced daughters and children in the mother’s custody. If the father is unable to provide maintenance, the mother or parental grandfather assumes the responsibility.

Maintenance During Iddat:

A divorced Muslim woman is entitled to maintenance during the iddat period and, under certain conditions, beyond that period. The Muslim Women (Protection of Rights on Divorce) Act, 1986, allows a divorced woman to claim maintenance from her relatives if she cannot maintain herself after the iddat period.

• Gulam Rashid Ali vs Kaushar Praveen: A divorced Muslim woman can claim maintenance from her former husband until she remarries.
• S. Abdul Salam vs S. Ghousiya Bi: The special enactment of the Muslim Women Act overrides general provisions of the Criminal Procedure Code.
• Danial Latifi vs Union of India: The Supreme Court upheld the provisions of the Muslim Women Act, allowing a divorced woman to claim maintenance from her relatives or the State Wakf Board if necessary.
• Mumtazben Jushabbhai Sipahi vs Mahebubkhan Usmankhan Pathan: Maintenance during the iddat period is obligatory, and a divorced woman can seek maintenance from her relatives post-iddat.

Maintenance Under Christian Law:

Christian women can claim maintenance through both criminal and civil proceedings. Section 36 of the Indian Divorce Act, 1869, provides for interim maintenance, while Section 37 allows a divorced wife to claim alimony for her lifetime. The provisions under the Indian Divorce Act are similar to those under the Parsi Marriage and Divorce Act, 1936, and apply to Christians.

• Divyananda vs Jayarai: A Christian woman cannot claim maintenance under Hindu customs without conversion, and her children, though illegitimate, are entitled to maintenance under Section 125 of the Criminal Procedure Code.

Maintenance Under Parsi Law:

Parsi law allows for maintenance claims through criminal and civil proceedings. The Parsi Marriage and Divorce Act, 1936, provides for interim and permanent maintenance, with the maximum amount being one-fifth of the husband’s net income. Section 40 of the Act outlines the factors to be considered when determining maintenance, including the parties’ income, property, and conduct.

Maintenance Under the Code of Criminal Procedure, 1973:

Section 125 of the Criminal Procedure Code allows individuals to claim maintenance from spouses, children, and parents. This provision applies irrespective of personal laws, providing a quick remedy for those neglected or refused maintenance by individuals with sufficient means.

• Mohd. Ahmed Khan vs Shah Bano Begum: The Supreme Court ruled that Section 125 applies to all, regardless of religion, ensuring that Muslim women could claim maintenance. This led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• Gulam Rashid Ali vs Kanshar Praveen: A Muslim divorced woman is entitled to maintenance until she remarries.
• Kalyan Dev Chowdary vs Rita Dev Chowdary: The Supreme Court held that 25% of the husband’s net salary is a just amount for maintenance.
• Badshah vs Sou. Urmila Badsha Godse: The court ruled that victims of bigamous marriages are entitled to maintenance under Section 125 of the Criminal Procedure Code.
• Manoj Kumar vs Champa Devi: The Supreme Court directed a husband to grant maintenance to his deserted wife from the date when the divorce was decreed. This case underscores the court’s commitment to ensuring financial support for deserted spouses even post-divorce.
• Shailaja & another vs Koyyanna: The Supreme Court reduced the maintenance from Rs. 15,000 to Rs. 6,000, asserting that the capability to earn should not be confused with actual earnings. The judgment highlighted that mere potential earning capacity does not justify reducing maintenance unless the person is indeed earning.
• Abdul Salim vs Nagima Begam: The court clarified that a wife does not need to be destitute or in dire straits to claim maintenance. The fact that she lacks her own means to maintain herself adequately entitles her to claim maintenance from her husband.

Maintenance for Live-in Relationships

• S.P.S. Balasubramanyam vs Suruttayan Andalli Padayachi & Ors.: The Supreme Court recognized the presumption of marriage under Section 114 of the Evidence Act for live-in relationships, ensuring that children from such relationships are deemed legitimate and entitled to a share in ancestral property.
• Abhijit Bhikaseth Auti vs State Of Maharashtra and Others: The Maharashtra Government, following recommendations from the Malimath Committee and the Law Commission of India, proposed that women in long-term live-in relationships should enjoy the same legal status as wives, highlighting a progressive view on live-in relationships.

Married Daughter’s Liability

• Vijaya Manohar Arbat vs Kashiram Rajara Sawai: The Supreme Court held that married daughters are liable to provide maintenance to their aged parents if the parents cannot maintain themselves. This landmark judgment emphasized that daughters remain obligated to their parents regardless of marital status.

Alteration in Allowance (Section 127 of the CrPC)

• Bai Tahira vs Ali Hussain Fissali: The Supreme Court ruled that if the amount of deferred ‘Mehar’ paid at the time of divorce is sufficient for the wife’s lifetime, the order of maintenance under Section 125 can be canceled as per Section 127(3). However, this principle was challenged in subsequent rulings.
• Shah Bano Begum vs Mohd. Ahmed Khan: The Supreme Court clarified that ‘Mehar’ is a consideration for marriage and not divorce, thus not satisfying the condition for canceling maintenance under Section 127(3)(b). This judgment affirmed that Muslim women could claim maintenance regardless of the ‘Mehar’ amount.

Protection of Women from Domestic Violence Act, 2005

Section 20: Monetary Reliefs:

The Act allows magistrates to direct respondents to pay monetary reliefs to meet the expenses incurred due to domestic violence. This includes loss of earnings, medical expenses, property damage, and maintenance for the aggrieved person and her children. The relief granted must be adequate, fair, and consistent with the aggrieved person’s standard of living.

• Sikakollu Chandra Mohan vs Sikakollu Saraswathi Devi and another: The court justified interim maintenance under Section 20(1)(d) of the Act, in addition to an order from the Family Court under Section 125 of the CrPC.
• Rajesh Kurre vs Safurabai & Ors: The court emphasized that the provisions of the Domestic Violence Act are independent and in addition to other remedies available under any legal proceeding, not dependent on Section 125 of the CrPC or any other Act.
• Mohd. Maqeenuddin Ahmed and others vs State of AP: The court refused to quash proceedings against a respondent who neglected to pay medical expenses and maintenance, affirming the validity of claims under the Domestic Violence Act.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Section 4: Maintenance of Parents and Senior Citizens:

This section entitles senior citizens and parents unable to maintain themselves to apply for maintenance from their children or relatives. The obligation extends to meeting the needs of the senior citizen to lead a normal life, with relatives liable in proportion to the property they inherit from the senior citizen.

Conclusion

Judicial pronouncements and legislative measures have significantly restored the rights of women and other dependents, ensuring their financial security and social upliftment. However, proper implementation and societal changes are crucial for these measures to be effective. Women’s emancipation through education, economic independence, and social awareness is essential for understanding their rights and achieving community well-being.

While maintenance should ideally be gender-neutral, the current focus remains on protecting women, reflecting the societal need to address gender disparities. Proper adherence to laws and judicial guidelines will ensure the success of these measures, providing support and dignity to those in need.