MAINTENANCE

Meaning: The right to be maintained by the husband under certain circumstances as defined
under various personal laws. The procedures and practices under the law of maintenance
have been discussed below:
I. UNDER CRIMINAL LAW
Applicable Law: Section 125 to 127, ode of riminal !rocedure "r!#. $usband or
son re%uired to pay maintenance.
To whom: &eglected wives, children and parents. 't is applicable to all 'ndians "with
restrictions under (uslim )aw# and can be resorted to irrespective of remedies under
the personal laws
Restrictions under Muslim Law: an apply for maintenance under Section 125 of the
r! only if the husband agrees to invo*ing this provision instead of being governed
by the (uslim +omen,s -ct, 1./0. 1efore proceeding under the r! a 2oint -ffidavit
has to be filed that both agree to be governed by the r!.
Accrual of the right:
"i# The person you are claiming maintenance from has 3sufficient means4. The court
has interpreted this to mean that the husband should be healthy enough to wor* and
earn a living.
"ii# The person has refused to maintain you or has neglected to do so.
"iii# The wife is unable to sustain herself.
Enhancement of maintenance under CrPC: -n application for an increase in the sum
granted as (aintenance can be filed under Section 127, r!. 't will be granted by
the court only in cases of change in circumstances.
II. UNDER CIVIL LAW:
HINDUS:
"i# The $indu -doption and (aintenance -ct, 1.50 "Section 1/526#:
7nder this act even if you have not filed for 8udicial separation or divorce you can
claim maintenance from the husband on the grounds of cruelty, desertion without
consent, neglect, another spouse or mistress, conversion of religion by the husband.
-fter the death of the husband $indu wife is entitled to be maintained by father5in5
law. The %uantum of maintenance can be decided on the social status, reasonable
needs of the wife.
"ii# $indu (arriage -ct, 1.55 "Section 29525#
This section contemplates two situations in which maintenance can be claimed.
!ermanent (aintenance or -limony which is granted at the conclusion of the the
legal proceedings between husband and wife. -limony pendente lite i.e. pending a
suit under the -ct.
CHRISTIANS , PARSIS AND SPECIAL MARRIAGES
hristians: "i# 'ndian :ivorce -ct, 1/0. "Section ;05;7#
!arsis: "ii# The !arsi (arriage and :ivorce -ct, 1.;0 "Section ;.596#
S.(.- "iii# Special (arriage -ct, 1.59 "Section ;05;7#
The maintenance provisions are similar to that of the $indus for permanent alimony and
alimony pendente lite.
MUSLIMS
<nce divorce has been obtained , maintenance is governed by (uslim +omen,s -ct, 1./0.
The (+- entitles you to maintenance from your husband during the iddat period and after
that from your relations or the State +a*f 1oard.
The traditional position under the (uslim )aw has been that the husband,s duty to provide
for the wife terminates after the iddat period. This the court has attempted to redress by
interpreting that the husband must ma*e future provision for woman beyond the iddat
period. The %uantum of maintenance is determined by the needs of the woman, standard of
living during marriage, and the husbands means.