Author: A Sri Laasya, a student at ICFAI Law School, Hyderabad
Justice Krishna Iyer, in his ruling in the case of Captain Ramesh Chander Kaushal v Mrs. Veena Kaushal & Ors. (AIR 1978 SC 1807), asserted that the purpose of maintenance laws is to serve as a measure of social justice, specifically enacted to safeguard the interests of women and children. This provision aligns with the constitutional framework of Article 15(3) reinforced by Article 39. Recognizing that statutory sections are not rigid text but dynamic expressions with societal functions, courts should interpret them mindful of the constitutional empathy towards vulnerable groups. In this light, interpretation should lean towards options that advance the well-being of those in need.
Legislations addressing maintenance issues include the Special Marriage Act of 1954, Cr.P.C. 1973 (Section 125), and the Protection of Women from Domestic Violence Act of 2005. These laws offer a legal remedy to women, regardless of their religious affiliation, supplementing personal laws applicable to different religious communities like The Hindu Marriage Act of 1955 and Hindu Adoption and Maintenance Act of 1956.
The term “maintenance” holds a comprehensive definition, generally denoting support or sustenance. While not explicitly defined in religious marriage laws, legal definitions frame maintenance as payments made to a dependent wife, child, or parents for their support. The right to claim maintenance hinges on the claimant’s lack of adequate means for self-support, covering essential life expenses. Payment can be made through a lump sum or monthly installments, as outlined in Section 3(b) of the Hindu Adoption & Maintenance Act of 1956.
Maintenance provisions aim to compel individuals to fulfill moral obligations towards their families, ensuring neglected spouses and children are not left destitute. These provisions offer a swift but limited relief, preventing social problems stemming from family members’ inability to support themselves.
Types of Maintenance encompass Interim Maintenance (maintenance pendente lite), awarded during divorce proceedings to cover immediate expenses. Permanent Maintenance, granted periodically or continuously after case resolution, provides ongoing support.
The Supreme Court’s issuance of Guidelines and the framing of the Affidavit of Disclosure in the case of Rajnesh v. Neha & Anr. streamline the maintenance granting process. The Court considers the economic landscape, balancing the rights and obligations of parties in matrimonial disputes. These measures aim to ensure the social welfare objectives of maintenance statutes are fulfilled without delays and procedural issues.
While maintenance should be gender-neutral, applicable to both spouses, some women still face challenges in claiming their maintenance rights. Judicial pronouncements and initiatives have restored women’s rights, but meaningful change requires a shift in underlying attitudes. Women must empower themselves educationally, economically, and socially to understand their rights and worth. Proper implementation of the law is crucial for success and societal upliftment.
