Maintenance

Meaning Definition

Hindu Adoption and Maintenance Act 1956

➢ Right to livelihood
➢ When one is incapable of sustaining oneself.
Ancient Law: Care of dependents –wife, children, daughter, widow, daughter in law
Definition of Maintenance: Section 3(b)(1)
A Provision for Food, clothing, residence, Education, Medical attendance and
treatment, it also includes marriage expenses of unmarried daughter.

Under Hindu Marriage Act 1955

Maintenance Pendente lite: Section 24 HMA
1. When - Pendency of Litigation
2. Who can apply - Husband or Wife can Apply.
3. Condition - No independent income of support to claimant.
4. Quantum - Discretion of court
5. Expenses of proceeding- Included
6. Interim relief -
7. Duration - Presentation of petition till date of dismissal or
passing of decree of suit.

Permanent Alimony and Maintenance Section 25 HMA

1. When - At time of passing decree or any time thereafter.
2. Who can apply - Husband or Wife can Apply.
3. Quantum - Pay maintenance and support such gross sum or
monthly / periodical sum.
4. Duration - Whole life of respondent.
5. Subject - Income or property of respondent.

Court may rescind its decision if

Wife- Remarries, Unchaste
If beneficiary husband commits adultery illicit relations.

Hindu Adoption and Maintenance Act 1956

➢ Right to livelihood
➢ When one is incapable of sustaining oneself.
Ancient Law: Care of dependents –wife, children, daughter, widow, daughter in law
Definition of Maintenance: Section 3(b)(1)
A Provision for Food, clothing, residence, Education, Medical attendance and
treatment, it also includes marriage expenses of unmarried daughter.
Section 18 (1)
Right to claim maintenance during her lifetime.
Section 18 (2)
Right to live separately without forfeiting right to claim maintenance.
Maintenance for Muslim Wife
The Muslim women (Protection of Rights on Divorce) Act 1986
Section 3
Dower/Mahr or other properties to given at the time of divorce.

Divorced wife entitled to

1) Reasonable - Fair provision and maintenance within Iddat period by ex Husband.
2) Children born before/After divorce: Paid to her for a period of 2 year from date of birth of
child.
3) Mahr or dower agreed at time of marriage.
4) All Properties giver to her before after at time of marriage-by relatives/ friend/ Husband
If Mahr not paid, Property not paid
Then she can apply before magistrate.

Magistrate on satisfaction on following ground.

1 Husband has sufficient means.
2 Failed/Neglected to pay within Iddat period.
3 Make an order within one month of application.
4 Quantum : As deem fit
As per reasonable need of women
As per standard of living.

If husband fails
without sufficient cause
Magistrate may issue a warrant for levying amount of maintenance/dower.
Under CrPC
Imprisonment 1 year or until payment.

Section 4 Order of Payment of Maintenance

Magistrate can order
On satisfaction - Divorced women not remarried
- Not able to maintain herself after Iddat period.
Order - directing relatives who would inherit her property
- Standard of her life reasonable.
If divorcee has children - Who are not been able to maintain themselves.
- Parents to maintain them.
If parents unable not sufficient means (She must be prove)
Any competent relative be ordered to pay
If Women has no relatives
Then magistrate may order Waqf Board (local) Under section 9 Waqf Act 1954.

Section 5 : Opinion to be Governed by provision of Section 125 to 128 CRPC.

- If on the date of first hearing
- Application by husband + Wife - Writing / Joint /Separately
- That they prefer to be governed by Section 125 to 128.
- Magistrate may decide application according
Criminal Procedure Code
Section 125 Order of Maintenance of Wives/Children/Parents
Who is entitled to claim
a) Wife : unable to maintain herself
b) Minor child : Legitimate/illegitimate
Married or unmarried unable to maintain to self.
c) Major child : Legitimate/illegitimate(unmarried daughter)
Physical/ mental or abnormal.
Injured Person unable to maintain.
d) Parents : Father / Mother unable to maintain
1) Any person
2) Sufficient means
3) Neglected/Refuses to maintain.
JMFC can order monthly allowance
➢ Married minor daughter - Till majority attained.
➢ Husband - If Not having sufficient means.
➢ Father by obligation - JMFC can order.
- Monthly allowance
- interim maintenance
- expenses of proceedings.
Matter disposed off within in 60 days of application.
Payment - effect from date of application.
Failure to obey order
Warrant for paying due amount.
Imprisonment 1 month/ till payment.
JMFC may refuse if;
Wife marries
Adultery
Living separately - mutual consent
Section 126 Procedure
May be taken in any Court
Where - the person
His wife - resides
Had last stay
Ex parte - if Respondent willfully neglecting duty.

Section 127 Alteration in Allowance

Person receiving maintenance under S-125
Change in circumstance
Magistrate may make alteration.

Provided
Maximum Rs 500 be increased in monthly payment.
Cancellation/varied of order u/s-125 as per decision of Competent Civil Court
Women on divorce Remarries - Cancellation -From date of marriage.
Women divorced and has received after divorce such sum as permitted under personal
law.
- Order under Section 125 may be altered.
If - Amount already paid before maintaining order under S-125.
- Women voluntarily surrendered her right to maintenance.