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, Code of Criminal Procedure (CrPC). Husband or
son required to pay maintenance.
To whom: Neglected wives, children and parents. It is applicable to all Indians (with
restrictions under Muslim Law) and can be resorted to irrespective of remedies under
the personal laws
Restrictions under Muslim Law: Can apply for maintenance under Section 125 of the
CrPC only if the husband agrees to invoking this provision instead of being governed
by the Muslim Womens Act, 1986. Before proceeding under the CrPC a Joint Affidavit
has to be filed that both agree to be governed by the CrPC.
Accrual of the right:
(i) The person you are claiming maintenance from has sufficient means. The court
has interpreted this to mean that the husband should be healthy enough to work 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: An application for an increase in the sum
granted as Maintenance can be filed under Section 127, CrPC. It will be granted by
the court only in cases of change in circumstances.
II. UNDER CIVIL LAW:
HINDUS:
(i) The Hindu Adoption and Maintenance Act, 1956 (Section 18-20):
Under this act even if you have not filed for judicial 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.

After the death of the husband Hindu wife is entitled to be maintained by father-inlaw. The quantum of maintenance can be decided on the social status, reasonable
needs of the wife.

(ii) Hindu Marriage Act, 1955 (Section 24-25)

This section contemplates two situations in which maintenance can be claimed.
Permanent Maintenance or Alimony which is granted at the conclusion of the the
legal proceedings between husband and wife. Alimony pendente lite i.e. pending a
suit under the Act.
CHRISTIANS , PARSIS AND SPECIAL MARRIAGES
Christians: (i) Indian Divorce Act, 1869 (Section 36-37)
Parsis:

(ii) The Parsi Marriage and Divorce Act, 1936 (Section 39-40)

S.M.A

(iii) Special Marriage Act, 1954 (Section 36-37)

The maintenance provisions are similar to that of the Hindus for permanent alimony and
alimony pendente lite.

MUSLIMS
Once divorce has been obtained , maintenance is governed by Muslim Womens Act, 1986.
The MWA entitles you to maintenance from your husband during the iddat period and after
that from your relations or the State Wakf Board.
The traditional position under the Muslim Law has been that the husbands duty to provide
for the wife terminates after the iddat period. This the court has attempted to redress by
interpreting that the husband must make future provision for woman beyond the iddat
period. The quantum of maintenance is determined by the needs of the woman, standard of
living during marriage, and the husbands means.