Overview of Maintenance Laws in India
LAW OF MAINTENANCE IN INDIA
INTRODUCTION
“Maintenance” is an amount payed by the
husband to his wife who is unable to maintain
herself or either during the subsistence of
marriage or upon separation or divorce.
Section 3(b) of Hindu Adoption & Maintenance
Act, 1956 ( In this Provision the maintenance
were defined & maintenance on Necessary
Things which required as Roti, Kapda & Makan).
VARIOUS GOVERING MAINTENANCE
•
Hindu
followed the Hindu Marriage Act, 1955;
Hindu Adoption and Maintenance Act, 1956
•
Muslim
Women followed the (Protection of
Rights on Divorce) Act, 1986
•
for
Parsi
followed the Parsi Marriage and Divorce
Act, 1936
•
for
Christians
followed the Divorce Act, 1869
•
secular laws
(Equal Religion aspect) followed
Criminal Procedure Code, 1973; Special Marriage
Act,1954
TEMPORARYMAINTENANCE
Section 24 of Hindu Marriage Act, 1955
•
Applicable for both the Spouses.
•
By Pendent lite expenses of the proceeding are concerned
by the court.
•
In pendency of the proceeding, Wife has no sufficient
independent income then She can claim Maintenance of
the Proceeding.
Section 125 Code of Criminal Procedure
•
Maintenance of Wife, children & Parents
•
In Pendency of Proceeding wife can be granted Monthly
allowance of Maintenance.
CONTI.
Section 36 of Divorce Act, 1869
•
By Alimony Pendente Lite.
•
she has obtained an Order of Protection.
•
Petition of wife regard alimony and expenses of proceeding
given by the Husband.
Section 36 of Special Marriage Act, 1954
•
Appears to the District Court.
•
Wife has no Independent income for necessary expenses of
proceeding then by the Pendente lite, court order husband
to pay the expense on Monthly or Weekly as per Income of
Husband.
PERMANENTMAINTENANCE
Section 25 of Hindu Marriage Act, 1955
•
Applicable for both the spouses
•
Spouse his/her Maintenance and support a gross sum or
monthly or periodical sum for a term not exceeding the
applicant lifetime or until he/she remarries chaste.
Section 18 of The Hindu Adoption & Maintenance Act, 1956
•
Maintenance during Life time.
•
Live Separately from her husband & husband will handover
the Maintenance on Reasonable grounds.
•
Wife can have Separate residential with Maintenance.
CONTI.
Section 125 of Code of Criminal Procedure
•
Grounds for the Maintenance
•
Unable to Maintained herself.
•
Legitimate or illegitimate child.
•
Include Father & Mother can take the
Maintenance from their Children too.
•
If the Maintenance order were not followed by
the person then warrant will be issue for him.
•
Applicable for Muslim women too, Proceeding
must be on Family court.
CONTI.
Section 37 of Special marriage act, 1954
•
Empower District Court
•
Power to order weekly and Monthly payment.
•
Order to secure to the wife such gross sum of
money.
CASES
Sardool Singh Sucha Singh Matharoo Vs. Harneet Kaur
widow of Bhupinder Singh Matharoo & Anr(2020)
In this the petitioner had two sons, Late bhupinder Singh
married respondent 1. on Dec. 21, 2004 and later on Died
21 May 2015. Both the widow parent were passed away
and had no independent source of earning . Under
Section 19 & 22 of Hindu adoption and marriage act,
1956 seek the maintenance by the court (Rs. 1.5 Lakh)
with (50,000) for his son. later on as by seeing father-in-
laws the family court granted her the Maintainance
(40,000) per month and (30,000) for her son.
Shalija & anr. V. Khobbana (2018) 12 SCC 199
Whereby the Supreme Court had described
about & held that capable of earning and actual
earning are two different things which have
different requirements too. It clarified that if
wife is capable of earning then also it will not a
sufficient reason to reduce the maintenance
awarded by the Family Court.
Shail kumari Devi v. Krishan bhagwan Pathak
(2008)
it was allowed to a magistrate to grant maintenance
from the date of application and not from the date
of order in certain circumstances arising in the case.
Section 125 of the Cr.P.C., which talks about
maintenance requires the Court to consider making
the order for maintenance effective from either of
the two dates, having regard to the relevant facts
and should cite reasonable grounds in the support
of its decision. It is an expressed provision and
leaves no doubt under Section 125 of the Code of
Criminal Procedure.
Rani Sethi vs Sunil Sethi (2011)
On an application filed by husband
under Section 24 of Hindu Marriage Act for
seeking the maintenance from wife. By the
above said order, trial court has directed the
wife to pay maintenance to the husband
amount of 20,000/-, per month, and `10,000/-
as litigation expenses and also to provide Zen
Car for the use of the husband.
Manju Sharma vs Vipin(2019)
Delhi High Court has enhanced the maintenance
to be given to the wife when it found that
husband was not disclosing his true income of
his annual turn over then apparently by the
evidence was shown as Rs.1 crore. Then by
interim maintenance was enhanced from
Rs.10,000 per month to Rs. 30,000 per month as
by requirements of the wife and her daughter.
Vikas Bhutani v. State(2019)
Delhi High Court has observed if maintenance is
granted under Section 125 Cr.P.C then wife is also
entitled for maintenance for domestic violence
though there can be an adjustment qua earlier
maintenance. The objective to grant the
maintenance is to afford & allowance to the wife,
who is not able to maintain herself to buy an
Necessary Things as Rotti, Kapda & Makan. The
court directed the amount of Rs. 40,000 per month
to be paid by the husband to wife from the date of
filing of application.
CONCLUSION
It can be concluded that Section 125 of Cr.P.C
provides for significant means to comply with
the provisions of maintenance. It not only
breaks the boundless of the religion despite
providing justice to people with provides for
equal protection of law and justice for all
irrespective of religion followed by an individual.
GAURAV KUMAR ARYA
B.A.LLB(Hons.)
GALGOTIAS UNIVERISTY
Maintenance in India is the financial support provided by a husband to his wife during marriage, separation, or divorce. Various laws govern maintenance based on different religions and situations, such as the Hindu Marriage Act, Muslim Women (Protection of Rights on Divorce) Act, and others. Temporary maintenance can be claimed under Section 24 of the Hindu Marriage Act, while permanent maintenance is covered by Section 25. Maintenance can also be granted to children and parents. Non-payment of maintenance can lead to legal consequences.
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Presentation Transcript
INTRODUCTION Maintenance is an amount payed by the husband to his wife who is unable to maintain herself or either during the subsistence of marriage or upon separation or divorce. Section 3(b) of Hindu Adoption & Maintenance Act, 1956 ( In this Provision the maintenance were defined & maintenance on Necessary Things which required as Roti, Kapda & Makan).
VARIOUS GOVERING MAINTENANCE Hindu followed the Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956 Muslim Women followed the (Protection of Rights on Divorce) Act, 1986 for Parsi followed the Parsi Marriage and Divorce Act, 1936 for Christians followed the Divorce Act, 1869 secular laws (Equal Religion aspect) followed Criminal Procedure Code, 1973; Special Marriage Act,1954
TEMPORARYMAINTENANCE Section 24 of Hindu Marriage Act, 1955 Applicable for both the Spouses. By Pendent lite expenses of the proceeding are concerned by the court. In pendency of the proceeding, Wife has no sufficient independent income then She can claim Maintenance of the Proceeding. Section 125 Code of Criminal Procedure Maintenance of Wife, children & Parents In Pendency of Proceeding wife can be granted Monthly allowance of Maintenance.
CONTI. Section 36 of Divorce Act, 1869 By Alimony Pendente Lite. she has obtained an Order of Protection. Petition of wife regard alimony and expenses of proceeding given by the Husband. Section 36 of Special Marriage Act, 1954 Appears to the District Court. Wife has no Independent income for necessary expenses of proceeding then by the Pendente lite, court order husband to pay the expense on Monthly or Weekly as per Income of Husband.
PERMANENTMAINTENANCE Section 25 of Hindu Marriage Act, 1955 Applicable for both the spouses Spouse his/her Maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant lifetime or until he/she remarries chaste. Section 18 of The Hindu Adoption & Maintenance Act, 1956 Maintenance during Life time. Live Separately from her husband & husband will handover the Maintenance on Reasonable grounds. Wife can have Separate residential with Maintenance.
CONTI. Section 125 of Code of Criminal Procedure Grounds for the Maintenance Unable to Maintained herself. Legitimate or illegitimate child. Include Father & Maintenance from their Children too. If the Maintenance order were not followed by the person then warrant will be issue for him. Applicable for Muslim women too, Proceeding must be on Family court. Mother can take the
CONTI. Section 37 of Special marriage act, 1954 Empower District Court Power to order weekly and Monthly payment. Order to secure to the wife such gross sum of money.
CASES Sardool Singh Sucha Singh Matharoo Vs. Harneet Kaur widow of Bhupinder Singh Matharoo & Anr(2020) In this the petitioner had two sons, Late bhupinder Singh married respondent 1. on Dec. 21, 2004 and later on Died 21 May 2015. Both the widow parent were passed away and had no independent source of earning . Under Section 19 & 22 of Hindu adoption and marriage act, 1956 seek the maintenance by the court (Rs. 1.5 Lakh) with (50,000) for his son. later on as by seeing father-in- laws the family court granted her the Maintainance (40,000) per month and (30,000) for her son.
Shalija & anr. V. Khobbana (2018) 12 SCC 199 Whereby the Supreme Court had described about & held that capable of earning and actual earning are two different things which have different requirements too. It clarified that if wife is capable of earning then also it will not a sufficient reason to reduce the maintenance awarded by the Family Court.
Shail kumari Devi v. Krishan bhagwan Pathak (2008) it was allowed to a magistrate to grant maintenance from the date of application and not from the date of order in certain circumstances arising in the case. Section 125 of the Cr.P.C., which talks about maintenance requires the Court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts and should cite reasonable grounds in the support of its decision. It is an expressed provision and leaves no doubt under Section 125 of the Code of Criminal Procedure.
Rani Sethi vs Sunil Sethi (2011) On under Section 24 of Hindu Marriage Act for seeking the maintenance from wife. By the above said order, trial court has directed the wife to pay maintenance to the husband amount of 20,000/-, per month, and `10,000/- as litigation expenses and also to provide Zen Car for the use of the husband. an application filed by husband
Manju Sharma vs Vipin(2019) Delhi High Court has enhanced the maintenance to be given to the wife when it found that husband was not disclosing his true income of his annual turn over then apparently by the evidence was shown as Rs.1 crore. Then by interim maintenance Rs.10,000 per month to Rs. 30,000 per month as by requirements of the wife and her daughter. was enhanced from
Vikas Bhutani v. State(2019) Delhi High Court has observed if maintenance is granted under Section 125 Cr.P.C then wife is also entitled for maintenance for domestic violence though there can be an adjustment qua earlier maintenance. The objective maintenance is to afford & allowance to the wife, who is not able to maintain herself to buy an Necessary Things as Rotti, Kapda & Makan. The court directed the amount of Rs. 40,000 per month to be paid by the husband to wife from the date of filing of application. to grant the
CONCLUSION It can be concluded that Section 125 of Cr.P.C provides for significant means to comply with the provisions of maintenance. It not only breaks the boundless of the religion despite providing justice to people with provides for equal protection of law and justice for all irrespective of religion followed by an individual.
GAURAV KUMAR ARYA B.A.LLB(Hons.) GALGOTIAS UNIVERISTY
