Law Relating to Maintenance in India: Full Guide
The law relating to maintenance in India lays down the duty of a person to provide maintenance to their spouse, children, and parents when they are unable to maintain themselves. This duty is considered a legal obligation and is enshrined in various personal laws in India.
Under the Hindu personal law, maintenance can be claimed under the Hindu Marriage Act, 1955, and the Hindu Adoption and Maintenance Act, 1956. Children and parents who are unable to maintain themselves can also claim maintenance from their family members. The law also specifies the factors such as the income of the person providing maintenance and the needs of the person receiving it.
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Maintenance Laws in India
When we delve deep into maintenance laws in India, there are several Acts and Codes that govern them. These include The Code of Criminal Procedure, The Hindu Marriage Act, The Muslim Women (Protection of Rights on Divorce) Act, The Hindu Adoption and Maintenance Act, 1956, The Parsi Marriage and Divorce Act, and The Domestic Violence Act.
The Code of Criminal Procedure
Under Section 125 of The Code of Criminal Procedure, 1973, the right of maintenance extends not only to the wife and dependent children but also to indigent parents. The maintenance claim depends upon the capability to provide sufficient means.
The Hindu Marriage Act
The Hindu Marriage Act, 1955, provides for maintenance to be paid by the spouse under Section 24. This section also covers expenses of proceedings in court. Section 25 of the Act deals with permanent alimony and maintenance.
The Muslim Women (Protection of Rights on Divorce) Act
The Muslim Women (Protection of Rights on Divorce) Act, 1986, provides for the payment of maintenance to divorced Muslim women. The Act also covers the payment of maintenance during the iddat period and the provision of shelter and basic amenities.
The Hindu Adoption and Maintenance Act, 1956
The Hindu Adoption and Maintenance Act, 1956, provides for the maintenance of a Hindu wife by her husband under Section 18. The Act also covers the maintenance of legitimate and illegitimate children, unmarried daughters, and aged parents.
Important Sections of Hindu Adoption and Maintenance Act, 1956, dealing with the provisions of Maintenance:
- Maintenance of wife.
- Maintenance of widowed daughter-in-law.
- Maintenance of children and aged parents.
- Dependants defined.
- Maintenance of dependants.
- Amount of maintenance.
- Claimant to maintenance should be a Hindu.
- Amount of maintenance may be altered on change of circumstances
The Parsi Marriage and Divorce Act
The Parsi Marriage and Divorce Act, 1936, provides for the maintenance of both the husband and wife. Section 40 of the Act is similar to Section 5 of the Hindu Marriage Act, and both husband and wife have an equal right to claim maintenance.
Section 40 Permanent alimony and maintenance.— (1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on an application made to it for the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendant’s own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the movable or immovable property of the defendant.
The Domestic Violence Act
The Domestic Violence Act, 2005, provides for the payment of maintenance to the wife and children in cases of domestic violence.
Section 20 (d) reads as follows:
(d) the maintenance for the aggrieved person as well as her children, if any, including an order
under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
The maintenance laws in India provide for the provision of basic necessities such as food, clothing, and shelter to the spouse, children, and dependent/aged parents. The provision of maintenance is based on the financial status of the person responsible for providing it and is reasonable and fair.
Who can claim Maintenance?
In India, the laws relating to maintenance recognize the right of certain individuals to receive maintenance from their spouse, parents, or children. Here’s a breakdown of who can claim maintenance:
Husband
Under Section 24 of the Hindu Marriage Act, a husband may claim maintenance from his wife if he is unable to support himself. However, this is only applicable if the husband is not able to maintain himself due to any physical or mental disability, or any other reason beyond his control.
Wife
A wife has the right to claim maintenance from her husband under various personal laws, including the Hindu Marriage Act, the Hindu Adoption and Maintenance Act, and the Code of Criminal Procedure.
Parents
Under Section 125 of the Code of Criminal Procedure and personal laws, parents who are unable to maintain themselves may claim maintenance from their children. This includes both biological and adoptive parents. However, the children must have sufficient means to provide for their parents.
Children
Under Section 20 of the Hindu Adoption and Maintenance Act, children who are unable to maintain themselves due to any physical or mental disability, or any other reason beyond their control, may claim maintenance from their parents.
Section 20 Hindu Adoption and Maintenance Act:
(1) a Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is
unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
It’s important to note that the amount of maintenance awarded will depend on various factors, including the income and financial status of the person who is liable to pay maintenance, the needs of the person claiming maintenance, and the standard of living of both parties.
Types of Maintenance
When it comes to maintenance in India, there are different types that can be granted. The type of maintenance awarded depends on the circumstances of the case and the laws applicable to the parties involved. Here are some of the types of maintenance that can be granted:
Interim Maintenance
The court may grant interim maintenance to the applicant during the ongoing legal proceeding until a final verdict is reached. It is meant to provide for the immediate needs of the party and is awarded until the final decision on maintenance is made.
This concept was established to prevent the applicant from suffering during the legal process. However, it is at the discretion of the court whether or not to order the respondent to provide interim maintenance.
Permanent Maintenance
Permanent maintenance is awarded as a final maintenance amount after the court has made a decision on the maintenance case. It is meant to provide for the long-term needs of the party and is awarded until the party is able to provide for themselves.
It is important to note that maintenance laws in India are meant to provide relief to the dependent party and ensure that they are able to live a dignified life. The amount awarded is based on what is reasonable and fair, and takes into account the financial status of the parties involved.
Case Laws | Landmark Precedents
When it comes to maintenance law in India, there have been several landmark cases that have shaped the legal landscape. Here are a few notable examples:
Savitri v. Govind Singh Rawat (1983)
In this case, the Supreme Court ruled that maintenance must be paid to a wife even if she is living separately from her husband and is not divorced. The court also clarified that the husband’s financial status must be taken into consideration when determining the amount of maintenance to be paid.
Jasbir Kaur Sehgal v. District Judge, Dehradun (1997)
In this case, the Supreme Court ruled that a woman who is unable to maintain herself has the right to claim maintenance from her husband even if she is not living with him. The court also clarified that the husband’s obligation to provide maintenance is not limited to his earning capacity at the time of marriage, but extends to his present earning capacity.
Shah Bano Begum v. Mohammed Ahmed Khan (1985)
This case is widely regarded as a landmark in maintenance law in India. The Supreme Court ruled that a Muslim woman who has been divorced by her husband is entitled to maintenance under Section 125 of the Code of Criminal Procedure, which applies to all religions. The court also clarified that the amount of maintenance must be reasonable and sufficient to enable the woman to live with dignity.
Sunita Kachwaha v. Anil Kachwaha (2014)
In this case, the Supreme Court ruled that a wife who is a homemaker is entitled to receive maintenance from her husband even if she has not made any monetary contribution to the household. The court also clarified that the husband’s obligation to provide maintenance is not limited to the duration of the marriage, but extends to the rest of the wife’s life.
These landmark cases have played a significant role in shaping the law relating to maintenance in India. They have established important principles such as the right of a wife to claim maintenance even if she is living separately from her husband, the obligation of a husband to provide maintenance based on his present earning capacity, and the entitlement of a divorced Muslim woman to claim maintenance under Section 125 of the Code of Criminal Procedure.
Grounds of Award of Maintenance
In India, maintenance may be awarded in certain circumstances, including:
- Maintenance of wife: A husband may be ordered to provide maintenance to his wife if she is unable to support herself.
- Maintenance of widowed daughter-in-law: A husband’s family may be ordered to provide maintenance to a widowed daughter-in-law if she is unable to support herself.
- Maintenance of children and aged parents: A person may be ordered to provide maintenance to their children or aged parents if they are unable to support themselves.
- Maintenance of dependants: A person may be ordered to provide maintenance to any dependent who is unable to support themselves.
- Amount of maintenance may be altered on change of circumstances: The amount of maintenance awarded may be altered if there is a significant change in the circumstances of the parties involved.
Quantum of Maintenance
When it comes to maintenance, the quantum of maintenance is an important factor that is taken into consideration by the court. The amount of maintenance awarded to the applicant depends on various factors such as the income of the husband, the standard of living of the parties, and the conduct of the parties during the marriage.
The following are some of the factors that are considered while determining the quantum of maintenance:
- Income of the husband: The income of the husband is one of the most important factors that is taken into consideration while deciding the amount of maintenance. The higher the income of the husband, the higher the amount of maintenance that may be awarded to the applicant.
- Standard of living of the parties: The standard of living of the parties during the marriage is also an important factor that is considered while deciding the amount of maintenance. The court may award a higher amount of maintenance if the parties were living a luxurious lifestyle during the marriage.
- Conduct of the parties during the marriage: The conduct of the parties during the marriage is also taken into consideration while deciding the amount of maintenance. If the husband has treated the wife with cruelty or has been unfaithful, the court may award a higher amount of maintenance to the wife.
It is important to note that the amount of maintenance awarded may differ from case to case and is decided based on the facts and circumstances of each case. The court may also take into consideration the needs of the applicant and the ability of the husband to pay while deciding the amount of maintenance.
In addition to the above factors, the court may also consider the following documents while deciding the quantum of maintenance:
- Income Tax returns
- Appointment letter
- Cost to company certificate
- Salary certificate
- Bank statement of all the bank accounts
- Credit/debit card statements
It is important to provide all the relevant documents to the court while filing an application for maintenance to ensure that the court has all the necessary information to decide the quantum of maintenance.
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Alteration of Maintenance
If the circumstances of the parties change, then the amount for maintenance can’t be the same. It needs to get altered. The change that has taken place shall be proved in court, and the Magistrate on such proof can alter the amount. The Magistrate may increase the amount or decrease the amount.
In case of alteration of maintenance, the following points should be kept in mind:
- The change in circumstances should be substantial, and it should have a direct impact on the financial position of the parties.
- The party seeking alteration should prove the change in circumstances.
- The alteration can be made only prospectively, i.e., from the date of the application for alteration and not retrospectively.
It is essential to note that the alteration of maintenance is not automatic. The party seeking alteration needs to file an application for the same, and the Magistrate will decide the matter after considering the evidence produced. The party seeking alteration should also be aware that the Magistrate has the power to reject the application if he finds it to be frivolous or vexatious.
Alteration of maintenance is a legal remedy available to parties who have undergone a substantial change in circumstances. However, it is not an automatic remedy, and the party seeking alteration needs to prove the change in circumstances and file an application for the same. The Magistrate will decide the matter after considering the evidence produced and has the power to reject the application if he finds it to be frivolous or vexatious.
When Maintenance can be cancelled?
If the amount of maintenance is being paid to the spouse or Children, there are certain circumstances in which the amount may be altered of the order to pay the maintenance may also be cancelled.
Change in Financial Circumstances
If there has been a significant change in the financial circumstances, party can apply to cancel or reduce the maintenance amount. For example, if the person has lost his job or the income has reduced significantly, he can apply for a reduction in the maintenance amount. In such cases, the court will consider the current financial situation and may reduce the maintenance amount accordingly.
Remarriage of Spouse
If the ex-spouse has remarried or is living with another partner, can apply to cancel the maintenance amount. In such cases, the court may cancel the maintenance amount if it is satisfied that the ex-spouse is no longer in need of financial support.
Child Becomes Self-Sufficient
If the child has become self-sufficient and is earning a livelihood, can apply to cancel the maintenance amount. In such cases, the court may cancel the maintenance amount if it is satisfied that the child no longer requires financial support.
To conclude, In India, there are various laws that deal with maintenance, including the Special Marriage Act of 1954, the Hindu Marriage Act of 1955, the Code of Criminal Procedure of 1973, and The protection of Women from Domestic Violence Act. These laws have provisions for maintenance for both men and women, and the amount of maintenance awarded varies depending on various factors.
If a woman is seeking maintenance, she may claim it from her husband if he is earning and she is unable to maintain herself. Even if she is earning, she may still claim maintenance if her income is insufficient to meet her basic needs. The amount of maintenance awarded will depend on several factors, including the husband’s income, the parties’ standard of living, and the wife’s needs.
If a man is seeking maintenance, he may claim it if he cannot maintain himself due to old age, illness, or any other reasonable cause. The amount of maintenance awarded will depend on several factors, including the wife’s income, the parties’ standard of living, and the husband’s needs.
To sum up, the laws relating to maintenance in India vary depending on various factors. If you are seeking maintenance, it is important to consult a lawyer who can guide you through the process and help you understand your rights and obligations.
What Next?
Now that you have a good understanding of the Maintenance Laws in India.
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