Author: Unnati Jain, Lloyd Law College
TO THE POINT
The rise of maintenance or alimony law cases in today’s time is phenomenal as almost everyone have basic knowledge of what maintenance/ alimony is but, social media being the major source of their information makes it unreliable. People understand this law wrongly as their interpretations are limited to the point to which the social media explains thus, the core meaning and objective of this law has been lost. This article will talk about what is the difference between maintenance and alimony as many consider it the same and will explain the real provisions and requirements for the same.
ABSTRACT
In current times, maintenance law is no alien to majority of the population, almost everyone is aware of what this law talks about and how it works but the major source of their knowledge in this field is social media also, majority population thinks that maintenance and alimony is same but it is not. In this article I will be discussing about what are the differences between alimony and maintenance, and how these laws are influencing the society in different ways through its practice. This article explores all the crucial impacts of court decision on people under maintenance law.
INTRODUCTION
Maintenance law has been enshrined under The Hindu Adoption and Maintenance Act, 1956. The definition of the term ‘maintenance’ has been enshrined under section 3(b) of The Hindu Adoption and Maintenance Act, 1956.
According to sub-clause (i) of section 3(b), in all cases the provision for clothing, food, residence, education, medical attendance and treatment is to be given with maintenance. And, sub-clause (ii) of section 3(b) states that in case of unmarried daughter, one has to pay for her reasonable expenses and for the incident of her marriage as well.
According to section 18, 19 and 21 of HAMA, 1956, wife, widowed daughter-in-law, children and aged parents are applicable for claiming financial support from the reasonable person for living a decent life. Maintenance law is also specified in Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023 [Code of criminal procedure (CrPC), 1860] and The Special Marriage Act, 1954.
Alimony law on the other hand is only specified in The Hindu Marriage Act, 1955. It is the monetary award given by the court following divorce of the couple. The term maintenance is sometimes simultaneously used at the place of alimony to refer the financial support that is to be given to the wife and even to the parents and children of the couple. As, alimony is available only for both the spouses and no one else while maintenance is available for wife, parents of the couple and children (legitimate or illegitimate).
In Rajnesh v. Neha and Anr. (2020), the Supreme Court of India ruled that the alimony provided to the wife must not be more than 25% of the total net income of the husband while, there is no limit for awarding maintenance and is a subject matter of the court to decide.
DIFFERENCE BETWEEN ALIMONY AND MAINTENANCE
Alimony and maintenance are generally used simultaneously as their literal meaning is same which suggests that it provides financial support the one who asks for it. But, the circumstances and requirements are all different.
ALIMONY: It is mentioned only in The Hindu Marriage Act, 1955 and is also referred as spousal support. It is available to either of the spouses after divorce and is a one-time payment done by either of the spouse to another. As ruled by the Supreme Court, alimony cannot exceed more than 25% of husband’s net income.
MAINTENANCE: It is mentioned in The Hindu Adoption and Maintenance Act, 1956, Criminal Procedure Code (CrPC) [Bhartiya Nagrik Surakhsha Sanhita(BNSS)] and The Special Marriage Act. It is available to every dependent individual on the deceased except husband and can be given during divorce proceedings as well. There are two types of maintenances that are available to spouses which are interim maintenance and permanent maintenance. It is given in installments for every month and is decided by the court based on the facts and requirements of the spouse.
Types of maintenance:
1) Interim Maintenance- It is a type of maintenance which is provided during the proceedings of the court on temporary basis if the honorable court thinks it is necessary for the other party. In this type of maintenance, the court will order the amount to be paid and all the guidelines for the same thus, there is no set limit for providing maintenance.
2) Permanent Maintenance: It is a type of maintenance which is provided after the disposal of the proceedings in the court and for permanent basis if the honorable court thinks it is necessary for the other party. In this type of maintenance, the court will order the amount to be paid and all the guidelines for the same thus, there is no set limit for providing maintenance. If the person who is receiving the maintenance re-marries, then he/she will not be applicable for the same further.
FACTORS FOR CONSIDERATION
In maintenance both the parties need to give proper and full information of their financial assets in the court of law and nothing must be held back or concealed. On the basis of that information only the court designates the individual with a maintenance award for themselves. While on the other hand in case of alimony this consideration is only done between the spouses as alimony is only given to either of the spouses. If both the parties are in good health and living a decent life without maintenance, then the court can decide against any maintenance.
According to the law prescribed there is no maintenance available for husband as he is not specified in the claimants of the same in any law like The Hindu Adoption and Maintenance Act, 1956. On the other hand, alimony is considered gender neutral as available for both husband and wife as stated under The Hindu Marriage Act, 1955. Though, it is very uncommon in India that husbands seek alimony from wife, but in certain cases it is deemed necessary that the husband receive alimony/ maintenance from wife as perceived in the case of Rani Sethi v. Sunil Sethi (2011), where the husband received maintenance from his wife.
LEGAL JARGON
Maintenance under Hindu Law:
The Hindu Marriage Act, 1955-
In section 24 it has been stated that if either the wife or the husband, has no independent income sufficient for her or his support and the necessary expenses of the proceedings, it may, on the application of the petitioner, order the respondent to pay for the proceeding, and monthly during the proceeding such sum as, having regard to the income of both petitioner and the respondent, as it may seem reasonable to the court of law.
In section 25, the provision for permanent alimony has been specified, it states that upon the application by the petitioner (husband or wife) the court during the order of the decree can issue an order to the respondent to provide the applicant with financial support on either monthly basis or gross sum.
In Rajnesh v. Neha and Anr. (2020), the Supreme Court of India ruled that the alimony provided to the wife must not be more than 25% of the total net income of the husband.
Maintenance under Muslim Law
In Muslim law, only the wife is bound or eligible for claiming only maintenance from her husband and there is no concept of permanent alimony in this law. Here, the woman is applicable for her share in the property which was given to her by anyone during or before the course of marriage, the amount which should be equal to the sum of mahr, which was agreed to be paid to her at the time of marriage.
In Begum Subanu Alias Saira Banu v. A.M. Abdool Gafur, the supreme court held that, a muslim women, whose husband neglects to take care of her without any lawful justification, can file a suit for maintenance in a civil court under her personal law.
CASE LAWS
Rajnesh v. Neha and Anr. (2020)
In this case, the Supreme Court of India ruled that the alimony provided to the wife must not be more than 25% of the total net income of the husband
Rani Sethi v. Sunil Sethi (2011)
In this case, the Delhi High Court ruled that the husband will get the maintenance from his wife as he is unable to maintain himself independently.
Begum Subanu Alias Saira Banu v. A.M. Abdool Gafur(1987)
In this case, the supreme court held that, a muslim women, whose husband neglects to take care of her without any lawful justification, can file a suit for maintenance in a civil court under her personal law.
SUGGESTIONS
In Hindu law, husbands have the authority to get maintenance from their wife if they are unable to maintain themselves same as how wife have the authority to claim maintenance from her husband if needed. But, in no other law it is allowed or accepted that husband take maintenance from their wife. The legislature needs to look into this grey area and reform the laws harmoniously for the betterment of the public and to avoid any discrimination faced by women after divorce.
CONCLUSION
To conclude, I want to say that maintenance or alimony are the provisions of prime importance for an individual after divorce. By providing a stable financial foundation, it aims to address disparities in earning capacity and ensure a fair standard of living for both parties involved. Even though maintenance differs according to each law, the sole purpose of maintenance is the same i.e., to provide financial support for the other to maintain a decent standard of living in the society.
FAQs
Is alimony and Maintenance same?
No, Alimony and maintenance is not same as alimony is a one-time gross amount which is to be paid by the respondent to the petitioner while, maintenance is provided on periodic basis.
Is alimony available to husbands?
Yes, the concept of alimony is enshrined in The Hindu Marriage Act, 1955 and states that this provision is available to both the spouses (husband and wife).
Is it mandatory for husband to give maintenance to wife?
No, it is not mandatory for husband to give maintenance to wife as numerous factors like the level of income of both the spouses and the level of dependency of both is cross checked before the judgement.
Can one file a suit for maintenance under other laws like BNSS?
Yes, it is allowed to file a suit for maintenance under BNSS, u/s 144.
Can the parents of the spouses ask for maintenance from their son or daughter or son-in-law or daughter-in-law?
Yes, parents can ask for maintenance from their son and daughter-in-law but not from their daughter and son-in-law according to BNSS.
