Author: Triasha Mishra, Adamas university
TO THE POINT
Maintenance is the legal right that is provided for wife, parents , child (legitimate and illegitimate both) when they aren’t able to financially sustain themselves. But here in cases of matrimonial dispute especially focusing upon divorce, Maintenance is a right rather to say legal right of a spouse who isn’t able to maintain themselves. In India, there are codified laws about how maintenance can be claimed. Earlier Under section 125 of CRPC,1973 it stated that who can claim maintenance , it also included a wife who is separated from her husband and also exceptions are mentioned that when she cannot claim it. Now BNSS has taken over CRPC, and now section 144 states that who can claim maintenance and how is it claimed and when it cannot be claimed by the wives.Now when it comes for the personal laws, The Hindu marriage Act, 1955 protects and safeguards women in regarding of claiming maintenance. Section 24 of The Hindu marriage act , provides for interim maintenance for the woman during the proceedings and section 25 of Hindu marriage act , which states they can claim maintenance permanently after divorce. Similarly under muslim personal laws, women are entitled to get maintenance during the iddat period and can also claim post divorce maintenance followed by the shah Bano case. Likewise also in other laws, like the Parsian and Christian laws also provide for maintenance. Ultimately, maintenance ensures safety of one party during matrimonial dispute so that they donot face any problem in future life, and can live a life with dignity.
ABSTRACT
Maintenance in matrimonial matters is the essence of family law that aims at providing sustenance to a spouse, children or in-laws who are incapable of maintaining themselves in the event of disruption of a marriage. Originating from equity-especially social justice, the doctrine of maintenance is not limited to any prescribed religious and personal laws. History of Maintenance Laws Maintenance is endowed with statutory force of many laws like Hindu maintenance act, CRPC,1973 (which is now BNSS,2023) , and also other personal laws. And in today’s world with the increase of matrimonial disputes, maintenance has been an integral part which aims to protect and balance the interest of the parties for the living of a spouse with dignity. The abstract aims to showcase the need of gender neutral approach for maintenance laws to ensure fairness in matrimonial litigation.
USE OF LEGAL JARGON
argon or legal terms are frequently used in court during divorce proceedings, particularly when one partner requests maintenance (financial support). When describing who requires support and how much should be paid, terms like dependent spouse, permanent alimony, interim maintenance, and the husband or wife’s means and income are frequently used. Although these terms aid judges and attorneys in discussing the law in a clear and concise manner, those who are unfamiliar with the law may find them difficult to understand. For instance, permanent alimony refers to ongoing support following a divorce, while interim maintenance refers to short-term funds provided during the case. Legal jargon is necessary for clarity in court, but it should also be explained simply so that everyone involved is aware of their rights and obligations.
PROOF
In matrimonial disputes, especially during or after divorce, proof of maintenance means showing clear evidence that one spouse needs financial support and that the other can provide it. It is not just about collecting documents, but about presenting a complete picture to the court. This includes proving that the requesting spouse cannot maintain themselves and that the other has enough income to help. The idea of “proof” in this context is to justify why maintenance is needed, how much is fair, and for how long it should be given. The court looks at the proof to make sure the claim is genuine and based on real need, not just personal conflict. Without proper proof, the court may deny maintenance or give a lesser amount. So, in simple terms, proof of maintenance is the legal way of showing that one partner truly needs financial help after separation or divorce. Thus The legal means of demonstrating that one partner actually requires financial assistance following a separation or divorce is, in essence, proof of maintenance.
CASE LAWS
Chaturbhuj versus Sita Bai Source (2008)
Indian Supreme Court Conclusion: The Court determined that even in cases where a woman lives apart from her husband and he does not earn a regular income, she is still entitled to maintenance under Section 125 CrPC.
Important Point: According to the court, the wife’s ability to support herself is more important than whether she is making money.
Khobbanna v. Shailja & Anr. Reference (2017)
Indian Supreme Court Conclusion: According to the Court, a wife does not have to be totally impoverished in order to be eligible for maintenance
. Important Point: The wife’s inability to continue living the same way she did during the marriage is sufficient, the court stressed.
CONCLUSION
After a marriage ends, maintenance is a vital tool for ensuring financial justice and dignity for the economically weaker spouse, usually the wife. It embodies the idea that marriage entails financial and legal commitments that endure beyond separation or divorce in addition to emotional and social duties. In order to prevent destitution and preserve the constitutional values of equality and social justice, Indian law offers procedures for granting maintenance through a number of statutes, including the Hindu Marriage Act of 1955, the Code of Criminal Procedure of 1973 (Section 125), which is now BNSS section 144, and the Protection of Women from Domestic Violence Act of 2005.
Courts have stressed that maintenance is a right, not a charity, and that it must be sufficient to allow the recipient to live as they did before. To sum up, maintenance in divorce is about making sure that the dependent spouse’s security, respect, and fairness do not end with the dissolution of the marriage. It is provided so that a human being can have their basic needs not only for financial support .For maintenance to be a truly effective remedy under matrimonial law, legal reforms, judicial awareness, and efficiency are essential.
FAQS
In a divorce case, what is maintenance?
When one spouse has no means to live and sustain themselves then the other spouse who is finically not dependent provide maintenance to other person so he/she can live a life with dignity.
Is maintenance due to a working wife?
Yes, the court may still award maintenance if the wife’s income is so low that she is unable to maintain the same level of living as before the marriage.
What is the duration of maintenance?
Depending on the situation, it may be for a short period of time or forever. Usually, it continues until the wife gets married again or achieves financial independence.
What happens if the husband declines to make maintenance payments?
The wife may reappear in court. The husband may be punished by the court for disobeying the order or have his salary withheld.
Are husbands eligible for maintenance as well?
Yes, the husbands are eligible for maintenance under Hindu marriage Act,1955 when they cannot maintain themselves.
