Maintenance Laws in India

Maintenance laws have been adopted as a social justice measure to provide dependent spouses and children with financial assistance, preventing them from sliding into destitution and vagrancy. When a marriage is dissolved, certain rights become available to the parties. In rare instances, the woman is permitted to request maintenance from her husband to protect herself and her children.

It is offered to cover the wife’s living expenses and provide her with comfort by reducing the loss. Certain laws in India, such as the Hindu Marriage Act of 1955, provide both the husband and wife the right to claim support. The Hindu Adoption and Maintenance Act, which only applies to Hindus, gives the woman certain extra privileges.

Definition of Maintenance Law

The term “maintenance” has a broad definition. The best and most precise definition of maintenance laws in India has been given under Section 3 (b) of the Hindu Adoption & Maintenance Act, 1956, which reads:

“In all cases, provisions for food, clothing, residence, education and medical attendance and treatment; in the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage.”

The laws regarding maintenance lay down the duty of a man to provide maintenance to his parents, wife and children. The general meaning of maintenance is to support or sustenance. The term maintenance is not defined in the marriage laws of any of the religious communities.

Purpose of Maintenance Laws in India

The legal sense of the scope of the Maintenance Act is intended to fulfill a social purpose. These provisions are contained in various statutes, including:

• The Criminal Procedure Code, 1973 under sections 125 to 128
• The Hindu Marriage Act, 1955
• The Hindu Adoption and Maintenance Act, 1956
• The Protection of Women from Domestic Violence Act, 2005
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Article 39 of the Constitution of India also states that the state shall, in particular, direct its policies towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood, that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Factors Affecting Right to Maintenance

Several factors affect the right to maintenance:

• The relationship of the husband and wife should be proved.
• The wife must be unable to maintain herself.
• The husband must have sufficient means.
• It should be proved that the husband has neglected or refused to maintain the wife.
• Even a wife who has been divorced is entitled to claim maintenance from her husband provided that she has not remarried.

Maintenance Under Different Laws in India

Maintenance Under Hindu Law

The relief of maintenance is considered an ancillary relief and is available only upon filing for the main relief like divorce, restitution of conjugal rights or judicial separation. Further, under matrimonial Hindu laws, if the husband is ready to cohabit with the wife, generally, the wife’s claim is defeated. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking a divorce or any other major matrimonial relief, has been recognised in Hindu law alone.

A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956. The Act envisages certain situations in which it may become impossible for a wife to continue to reside and cohabit with the husband, but she may not want to break the matrimonial tie for various reasons ranging from growing children to social stigma.

Key Sections:

• Section 18 of the Hindu Adoption and Maintenance Act: Entitles a Hindu wife to claim maintenance from her husband during her lifetime.
• Section 24 of the Hindu Marriage Act: Allows for maintenance pendente lite and expenses of proceedings.
• Section 25 of the Hindu Marriage Act: Provides for permanent alimony and maintenance.

Maintenance Under Muslim Personal Law

Muslim Personal Law recognises maintenance (Nafaqa) as all those things which are necessary to support life, such as food, clothes and lodging. Maintenance is provided to:

• Wife
• Children
• Parents
• Other relations

The principles of maintenance under Muslim law are based on the financial incapacity of the person claiming maintenance and the economic capacity of the obligor to provide it.

Maintenance Under Christian Law

Under the Indian Divorce Act, 1869, maintenance can be claimed by a wife during her lifetime or until she remarries. The court considers factors like the husband’s ability to pay and the wife’s needs.

Maintenance Under Parsi Law

The Parsi Marriage and Divorce Act, 1936, provides for maintenance to a wife during the pendency of divorce proceedings and after the divorce.

Maintenance Under Code of Criminal Procedure, 1973

Section 125 of CrPC:

Section 125 of the CrPC is a significant provision for maintenance, providing a quick and efficient remedy for women, children and parents to claim maintenance from a person who has sufficient means but neglects or refuses to maintain them.

Eligibility for Maintenance:

• Wife: A wife who is unable to maintain herself.
• Children: Minor children, legitimate or illegitimate and major children unable to maintain themselves due to physical or mental abnormality or injury.
• Parents: Parents who are unable to maintain themselves.

Quantum of Maintenance: The amount of maintenance is determined by the magistrate considering various factors, including the income of the person liable to pay maintenance, the standard of living of the claimant and the needs of the claimant.

Maintenance Under Protection of Women from Domestic Violence Act, 2005

This Act provides for maintenance to women who are victims of domestic violence. The court can grant monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

This Act mandates that children and relatives are obligated to maintain their parents and senior citizens who are unable to maintain themselves. It establishes Maintenance Tribunals to adjudicate claims for maintenance by senior citizens or parents.

Key Provisions:

• Section 4: Entitles a senior citizen, including a parent, who is unable to maintain himself from his own earnings or property, to claim maintenance.
• Section 5: Allows for the application for maintenance to be made to the Maintenance Tribunal.

Challenges and the Way Forward

Despite comprehensive legal provisions, the implementation of maintenance laws in India faces several challenges:

1. Delayed Justice: The legal process for obtaining maintenance can be time-consuming, causing hardship to the claimants.
2. Awareness and Access: Lack of awareness about legal rights and limited access to legal aid hinder the effective enforcement of maintenance laws.
3. Social Stigma: Societal attitudes and stigma attached to claiming maintenance, especially for women, act as barriers.
4. Enforcement Issues: Ensuring compliance with maintenance orders remains a significant challenge, often requiring further legal action.

Recommendations

1. Awareness Campaigns: Conducting awareness campaigns to educate people about their rights and legal provisions for maintenance.
2. Legal Aid: Strengthening legal aid services to provide support to claimants, particularly women and the elderly.
3. Expeditious Procedures: Implementing measures to expedite the legal process and ensure timely disposal of maintenance cases.
4. Monitoring Mechanisms: Establishing monitoring mechanisms to ensure compliance with maintenance orders and provide recourse in case of default.

Conclusion

Maintenance laws in India are important for the protection and welfare of dependents who are unable to maintain themselves. These laws reflect the social responsibility of individuals to support their family members and ensure a dignified life for all. While significant progress has been made, addressing the challenges in implementation and ensuring timely and effective enforcement of maintenance orders are essential to achieving the objectives of these laws. With continued judicial interpretation and legislative reforms, maintenance laws in India can provide a robust framework for social justice and welfare.