In cases of divorce or separation, the law ensures that a husband fulfills his obligation to provide maintenance to his wife if she is unable to support herself. This amount is determined by the court, which may order alimony as an allowance for her sustenance. Whether during the subsistence of marriage or after its dissolution, this payable support is imposed by the operation of law, ensuring financial stability for the dependent spouse.
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Navigating maintenance and alimony cases in India can be complex, requiring expert legal guidance to ensure a fair and just outcome. Our experienced divorce and family law lawyers in Delhi provide comprehensive legal support for maintenance claims under the Hindu Marriage Act, Hindu Adoption and Maintenance Act, and Section 125 of the CrPC.
Whether you are seeking interim maintenance during proceedings or permanent alimony post-divorce, we help clients secure their rightful financial support. Our skilled lawyers handle cases related to spousal maintenance, child support, and legal rights under Muslim and other personal laws, ensuring that court orders are effectively enforced.
If you need legal advice or representation in maintenance disputes, our dedicated team is here to assist you. Contact us today for a consultation and take the first step towards securing your financial future.
Types of Maintenance
In divorce cases, financial support can be granted either as Temporary or Permanent relief, depending on the circumstances. Interim or pendente lite maintenance is provided during the continuation of proceedings to cover necessary and immediate expenses for the needy party as per Section 24 of the Hindu Marriage Act, 1955, and can also be claimed under u/s 125 of the Criminal Procedure Code (CrPC).
On the other hand, Permanent maintenance involves a sum paid continuously or on a periodical basis after the disposal of the case, governed by Section 25, and can be sought by either of the spouses.
The Laws for Maintenance in India
In India, the procedure for maintenance is governed by several statutes and personal laws, ensuring financial support for a wife, parents, and children. Section 125 of the Criminal Procedure Code, 1973 (CrPC) serves as a legal provision that applies universally, regardless of religion or caste.
Additionally, Section 24 of the Hindu Marriage Act, 1955, along with Section 18 and Section 20 of the Hindu Adoption and Maintenance Act, 1956, as well as Section 20 of the Protection of Women from Domestic Violence Act, 2005, strengthen these rights. The court, in various rulings like Shantha v. B.G. Shivananjappa, highlighted that Section 125 CrPC is social legislation meant for the welfare and benefit of dependents. Similarly, in Vimla (K.) v. Veeraswamy (K.), it was emphasized that its purpose is to prevent vagrancy and destitution by ensuring essential remedies like food, clothing, and shelter for a deserted wife.
In Prakash Babulal Dangi v. State of Maharashtra, the court awarded maintenance, even when proceedings under Section 125 CrPC were pending, granting interim maintenance under the Domestic Violence Act and directing the husband to pay Rs. 8000 to his wife and Rs. 5000 to his daughter, reinforcing that such provisions should supplement rather than be substituted by another order.
Hindu Marriage Act, 1955
Under Section 25 of the Hindu Marriage Act, 1955, the court holds the discretion to judicially assess the circumstances of both the applicant and non-applicant before deciding on maintenance, which may be granted as a lump sum, monthly, or annually for a lifetime.
This provision applies to both husband and wife, ensuring that an indigent spouse can claim financial support either pendente lite or as permanent alimony. Recently, the High Court of Bombay ruled that an ex-husband can also receive alimony, reaffirming that both spouses have an enabling right to pay or receive maintenance, depending on their conduct and financial eligibility. The court may order a gross sum or periodical payments as needed, emphasizing a conjoint reading of provisions under this litigation framework.
The Hindu Adoption and Maintenance Act of 1956
Under Section 18, a Hindu wife is entitled to maintenance from her husband for her lifetime, ensuring her right to a separate residence if required, as per the provisions of 18(2). The Apex Court, in Abhilasha v. Parkash, ruled that an unmarried daughter has the right to maintain herself with financial support from her father until she is married, in accordance with Section 20(3).
Similarly, in Kusum Sharma v. Mahinder Kumar Sharma, the court emphasized that maintenance is a constitutional privilege and a part of universal human rights, aimed at preventing vagrancy and addressing strained husband-wife relationships. It also safeguards an indigent litigating spouse from being disabled due to a lack of money, ensuring they can effectively defend or prosecute their case.
Maintenance Rights and Obligations in Muslim Law
Under Muslim Law, a wife is entitled to maintenance from her husband as per the provisions of the Muslim Women (Protection of Rights on Divorce) Act, which was later amended. The agreed Mehr at the time of marriage must be provided to both parties, ensuring financial security. During the Iddat period, she has a right to a fair and reasonable amount for her sustenance.
If a divorce-seeking woman is unable to maintain herself after the Idaat period, an order can be issued for her relatives to provide deemed fit support, especially if they are to inherit her property. In cases where relatives fail to provide assistance, the Magistrate has the authority to direct the State Wakf Board, constituted under the Wakf Act, 1995, to cover her maintenance.
Maintenance and Domestic Violence
A wife seeking maintenance must establish domestic violence to be entitled to any monetary relief, as an applicant failing to prove such a claim will not receive support for herself or her children. In Shashi Bala v. State of Uttarakhand, the court found the case to be forged and not applicable, denying the woman any grant.
Similarly, in Savita Bhanot v. Lt. Co. V.D Bhanot, the court ruled that if violence was committed before the Act came into force, the wife is still entitled to support. Even family members, including in-laws, can be subjugated to violence, as seen in cases where a husband has died, leaving the State responsible for ensuring justice under the law.
Guidelines by the Supreme Court
In Rajnesh v. Neha & Anr., the court issued guidelines for payment of maintenance in matrimonial disputes, addressing aspects such as interim maintenance, overlapping jurisdiction under different enactments, and criteria for determining the quantum of support. The court stressed that both parties in litigation often suppress vital information, failing to disclose correct details, making it difficult for Family Courts to assess their income for granting relief.
To resolve this, the Affidavit of Disclosure of Assets and Liabilities must be submitted in all proceedings, whether pending in District Court, Magistrates Court, or elsewhere in India. The amount awarded should be reasonable, neither extravagant nor unbearable for the husband, yet not meager enough to drive the wife into penury. The quantum must be adjudged to ensure she can maintain herself with reasonable comfort.
Get Help From Trusted Divorce & Maintenance Lawyers in Delhi
Need legal assistance for maintenance or alimony? Our expert family lawyers in Delhi specialize in securing fair financial support under Hindu, Muslim, and other personal laws. Whether you’re seeking interim or permanent maintenance, we ensure your rights are protected. Contact us today for expert legal guidance!