The concept of ‘maintenance’ under Indian law

The concept of maintenance flows from the concept of the marriage and the duty of the husband after marriage to maintain his wife and minor children and also to maintain his old parents throughout their life. Maintenance in comman parlance would mean the providing of food, shelter and money which is fair and reasonable. The article would cover the issues relating to the persons entitled to maintenance , the grounds and circumstances under which it can be granted and the modification and  forfeiture of same.

Laws for granting Maintenance: The laws under which Maintenance in India can be granted are :

• Section 125 Criminal Procedure Code( Cr.P.C.)
• Section 20 of Protection of women from Domestic Violence
• Section 18 of Hindu Adoption and Maintenance Act
• Section 24 of Hindu Marriage Act
• Section 25 of Hindu Marriage Act
• Personal Laws

Who can be granted Maintenance: The maintenance in law can be granted to the following persons :

·         Wife

·         Minor legitimate or Illegitimate Son

·         Minor Legitimate or Illegitimate Daughter

·         Adult Son or Daughter unable to maintain himself or herself due to some mental deformity

·         Father and mother

On what grounds it is granted : In order to get a maintenance order in ones favour it is necessary for the party to prove that the party has no means to maintain himself or herself and the other party has the “sufficient means “ and fails to maintain the contesting party. While granting maintenance the courts looks at the following factors :

1. Status of the husband and wife.
2. Salary/ Income of the husband
3. Salary /Income of the wife
4. Liabilities of husband, if any
5. Dependants
6. Reasonable wants of claimant.
7. Financial Background
8. Movable & Immovable properties of the Husband

A married woman loses her right to be maintained if she marries any other person after her divorce or establishes a relationship which is adulterous in the eyes of law with any other person or fails to live with the husband without any reasonable cause or has agreed to take divorce by mutual consent in case the maintenance application is filed after divorce or with it. The maintenance amount once decided can be varied if there is a change in circumstances and if an order of maintenance has been passed by any other court or it has so been decided by the personal law governing the parties.

The author is a practicing lawyer and can be contacted at lawyer.soniasaini@gmail.com or 9873658554