Maintenance in Indian Law

Maintenance refers to financial support provided by one spouse to another or by a

parent to their child to ensure their sustenance and well-being. The right to maintenance
arises under various personal laws, secular laws, and through the jurisdiction of
Family Courts.

1. Maintenance Under Hindu Law

Provisions:

1. Hindu Marriage Act, 1955 (HMA):

○ Section 24: Interim maintenance and expenses of proceedings can be
claimed by either spouse during a matrimonial suit.
○ Section 25: Permanent alimony and maintenance can be awarded to
either spouse after the decree of divorce, judicial separation, or annulment.
○ Factors considered:
■ Applicant's income and financial status.
■ Respondent's income and financial capacity.
■ Conduct of the parties.
○ Key Cases:
■ Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017):
Maintenance should be 25% of the husband's net salary in the
absence of specific guidelines.
■ Manish Jain v. Akanksha Jain (2017): A wife capable of earning
cannot be denied maintenance solely because she has a potential
income.
2. Hindu Adoption and Maintenance Act, 1956 (HAMA):
○ Section 18: A Hindu wife is entitled to maintenance from her husband
during marriage unless she:
■ Ceases to be a Hindu.
■ Is unchaste.
○ Section 19: Maintenance for widowed daughters-in-law.
○ Section 20: Maintenance for children and aged parents.
○ Key Case:
■ Bhuwan Mohan Singh v. Meena (2014): Maintenance is a right,
not a charity.
3. Criminal Procedure Code, 1973 (Section 125):
○ Covers all religions and offers immediate relief to dependents.
2. Maintenance Under Muslim Law

Provisions:

1. Classical Muslim Law:

○ Husband's Obligation:
■ A husband must maintain his wife during the marriage if she:
■ Resides with him.
■ Fulfills her marital duties.
■ Maintenance ceases in cases of disobedience (Nushuz), except
during pregnancy.
○ Maintenance for Children:
■ Sons until they attain majority or are able to earn.
■ Daughters until marriage.
○ Maintenance for Parents: Obligatory for adult children.
2. Statutory Relief:
○ The Muslim Women (Protection of Rights on Divorce) Act, 1986:
■ Section 3(1)(a): Divorced women are entitled to maintenance during
the Iddat period.
■ The husband must pay a reasonable and fair provision for the
woman beyond the Iddat period.
○ Key Cases:
■ Shah Bano Case (1985): Supreme Court upheld a divorced Muslim
woman's right to maintenance under Section 125 CrPC, sparking
national debate.
■ Daniel Latifi v. Union of India (2001): Interpreted the 1986 Act to
provide a lump sum provision for divorced Muslim women, ensuring
her right to maintenance.

3. Maintenance Under Other Personal Laws

Christian Law:

1. Indian Divorce Act, 1869:

○ Section 36: Interim maintenance for the wife during matrimonial
proceedings.
○ Section 37: Permanent alimony for the wife post-divorce.
○ Key Case:
■ Mary Sonia Zachariah v. Union of India (1995): Alimony is
awarded considering the husband's earning capacity and lifestyle.
Parsi Law:

1. Parsi Marriage and Divorce Act, 1936:

○ Section 40: Permanent alimony for either spouse.
○ Section 41: Interim maintenance during proceedings.
○ Key Case:
■ Dunichand Hakim v. Meherbai (1925): Maintenance awarded
considering financial stability and conduct.

Jewish Law:

1. Based on Halakha:
○ Maintenance for the wife and children arises out of religious obligations.
○ Governed by Rabbinical decisions in India.

4. Maintenance Under Secular Law

1. Criminal Procedure Code, 1973 (Section 125):

○ Provides maintenance irrespective of religion to:
■ Wife (unable to maintain herself).
■ Minor children.
■ Aged or infirm parents.
○ Not dependent on personal laws.
○ Key Cases:
■ Chaturbhuj v. Sita Bai (2008): Maintenance to wife depends on
whether she can sustain herself, not whether she is earning.
■ Nagendrappa Natikar v. Neelamma (2014): Maintenance under
Section 125 is not barred by agreements or mutual settlements.
2. Protection of Women from Domestic Violence Act, 2005:
○ Section 20 provides monetary relief, including maintenance, to women
subjected to domestic violence.

5. Jurisdiction and Role of Family Courts

Family Courts Act, 1984:

1. Objective:
○ Establish Family Courts to deal with matrimonial and family disputes
expeditiously.
2. Jurisdiction:
○ Matters related to marriage, divorce, maintenance, custody, and
guardianship.
 3. Powers:
○ Civil powers: Resolve matrimonial disputes, alimony, custody.
○ Criminal powers: Decide cases under Section 125 CrPC.
○ Promote reconciliation between parties.
4. Key Cases:
○ K.A. Abdul Jaleel v. T.A. Shahida (2003): Emphasized the jurisdiction of
Family Courts in maintenance matters.
○ Balram Yadav v. Fulmaniya Yadav (2016): Family Courts can grant
maintenance orders swiftly, reducing litigation delays.

Comparison of Maintenance Across Laws

Aspect Hindu Law Muslim Law Christian Secular Law

Law (CrPC, DV
Act)

Eligibility Spouse, Wife (obedient), Wife (spouse Wife, minor

children, children, parents. only). children, aged
parents. parents.

Scope Interim and Maintenance during Interim and Immediate

permanent marriage, post-divorce relief
maintenance. post-divorce (Iddat, alimony. irrespective of
fair provision). religion.

Ceasing Misconduct, Nushuz Misconduct, Ability to

Factors remarriage. (disobedience), remarriage. sustain oneself,
remarriage. remarriage.

Key Case Manish Jain v. Shah Bano Case Mary Sonia Chaturbhuj v.
Akanksha Jain (1985). Zachariah Sita Bai
(2017). (1995). (2008).