MAINTENANCE -Is a Need Or Just Social perspective.

ABSTRACT
Maintenance is a method of prevention of repercussions of distribution and vagrancy.
Objective​-​ This paper aims to understand the law of maintenance under different provisions
of different Acts in India, further to determine where there is a need to enact laws which take
care of maintenance of distituted husbands without gender biasness.
Methodology​ - Research methodologies applied in this paper are social and legal analysis
which is done by analysis of the data via study of social condition and effect of change in
statutory provisions in society via examining different statutory provisions, case law and
other literature related to the law of maintenance. In discussing the impact of new statutory
provisions this study look at the traditional laws related to maintenance.
Finding-​ The analysis reveals that in India there is no substantive law which provides
maintenance to husband who is because of any of the reasons husband facing
exceptionally serious condition. Therefore serious consideration should be made for making
such laws and maintenance, alimony and compensation are not synonymous it's
understanding is necessary for claiming of rights.
Novelty-T ​ his paper highlights the need for legislative reform which supports growth and
need of every individual enforcing maintenance to weak destitute husbands rather than only
emphasising the subject from social perspective.

Keywords - ​Maintenance, Destitution, Alimony, Provisions.

INTRODUCTION
The word 'Maintenance' has diverse applicability but wherever it is used it is used in the
sense to take care of,According to dictionary of law Maintenance is the supply of necessities
for example -food ,clothing.Meanwhile with different case laws coming into picture as
Borthwick Vs Beauvais ​The court observed that maintenance is not only restricted to giving
a dependent just enough to put a little favour in their drink, but maintenance depends upon
the circumstances of each case, economical status of party and the dependent means &
station in life. It does not only mean food but includes clothes accommodation and expenses
which includes general care too.
The first legislative provision relating to the rights of maintenance was made under the
Converts Marriage Act, 1866 in India. Code of Civil Procedure, 1898 provided to all Indian
women a speedy remedy in respect of maintenance, In 1914 the hindi law committee was
formed to evolve a uniform code of hindu law which include subject of maintenance. India
being secular nation assures the expression of any form of difference to it's citizens ,The law
of maintenance suffers in points of determinateness in Muhammed law says Tyabji "as the
muslims texts had no object in keeping legal rights distinct from obligations of a moral
nature" It has been contended that the Muhammed law as to maintenance is a law of
imperfect obligation imposing a moral and not a legal obligations (​Mohd Jusad Vs Haji
Adam) ​this determinateness have face challenges and major reform took place such as
Muslim Women Protection of Rights on Divorce Act 1986 ​( Mohd Ahmed khan Vs shah
bano begum).
From 1866 and now there are different provisions in different Acts for maintenance of wife,
children and parents but maintenance of husbands favoured by single Act in with exception.
The provision under the CrPC1973 binds a person to perform a moral obligation which he is
duty bound to the society in respect of wife, children and parents. But no provision in any of
the act treats husband equally by favouring his maintenance without exceptional case.
This paper seeks to examine is maintenance is gender bias further whether there is a need
to enact laws which take care of husband maintenance ,which will be done by analysing
existing materials, statutory provision, case law and other literature related to the law of
maintenance.
OBJECTIVES
● To study the maintenance under different Acts.
● To examine whether men only have moral obligations for providing maintenance
● To analyse comparatively Maintenance, Alimony.
HYPOTHESIS
● There is no scope of maintenance for husbands.
● There is scope of maintenance for husbands.
RESEARCH QUESTION
Problem- ​whether law of maintenance in India is gender bias?
Intervention - various Acts related to law of Maintenance ( crpc, hindu marriage Act,
adoption & maintenance Act, etc.)
SOURCE AND STUDY METHOD
The study is conceptual in nature, sources are primary and secondary which includes
books, research works, articles, journals, internet sources etc.
*~Comparative Study Of Maintenance And Alimony
In general the terms 'Maintenance', 'Alimony' are interchangeable and are used to indicate
the same meaning.The allowance given to spouse for financial support in the event of
divorce, but these terms are used differently according to circumstances and facts of each
case often giving different meaning. Maintenance is used outside the umbrella of the marital
allowance as per Crpc a person has a moral obligation towards society to maintain wife,
children and parents but alimony is only used for maintenance of wife, Alimony is a type of
compensation which one party gives to another after being legally separated from other
whereas maintenance is a type of responsibility to maintain other party for accomplishment
of needs.
Indian law differentiate Alimony from Maintenance under following head-
-​Meaning
Alimony is the one time payment made to the spouse either husband or wife who is
financially unable to maintain herself/himself under the Indian law, as alimony is one time
payment the party (husband/wife) is not liable to take care of any future necessities of other
party (husband/wife) after paying alimony, Alimony is gender neutral and it is type of
compensation one party pay to another.
Maintenance is a specific allowance paid by the husband to the wife periodically either
monthly, annually or in any other fixed interval decided by court, maintenance petition mostly
filed against the husband by wife where there is no prior mutual understanding regarding
amount of maintenance between husband and wife and when one spouse files a divorce
against other and other contests it in the court no mutual consent. According to section 125
of Crpc maintenance to be provided to wife maintain and support themselves both during
and after divorce. It nowhere talks about husband who could be in need of maintenance it's
gender bias we can say.
-​Mode of paying Alimony and Maintenance
Alimony is one time payment which is paid to the spouse in lump sum either cash or any
other kind of payment method as well as in form of property after the divorce is finalised.
Maintenance is a periodic allowance paid to other parties only in the form of cash or any
other kind of payment method but husband is not entitled to pay maintenance to wife in form
of property.
-​Types of Maintenance and Alimony
Alimony is only paid after the divorce is finalised and is mostly observed in the case where
divorce is taken by mutual consent of both parties in which husband and wife decide to
separate mutually.
Maintenance can be interim or permanent depending upon circumstances and economic
status of both parties. Interim maintenance is whereby the court awards maintenance to wife
even during the maintenance petition if the wife during the maintenance petition if the wife ,if
wife is economically unstable that she cannot sustain herself during the court proceedings,A
separate petition for claiming interim maintenance can be filed by wife as she is unable to
pay legal costs that come with divorce petition which needs to paid by husband. Permanent
maintenance is paid by husband after divorce till the time wife get remarried.
Maintenance and alimony are different but yet with similarities these are interchangeable
and used in the same way.
*~​Tax Treatment of Alimony and changes.
Before 31 December 2018,alimony payment was deductible for spouse paying alimony and
recipient have to report that alimony received as tax income, But from 2019 tax year alimony
alimony payments are not reducible nor does the recipient have to report them as income
but there is no change in federal income tax for people who executed their divorce
agreement before 2019.
The change went into effect January 1st 2019 because of the Tax Cuts and Jobs Act (TCJA)
signed into law on December 22nd 2017 which eliminated the alimony deduction from the
tax code from 2019 to 2025.
With these changes it becomes more difficult to negotiate for divorce agreements as this
dynamic change in alimony and taxes have increase taxes in bigger chunks for divorced
couple than it used to be. All payments does not amounts to alimony ,a payment is alimony
only if it fulfills all the following requirements-
● The spouses don't file a joint return with each other
● The payment must be in cash
● The payment is to or for a spouse or an ex spouse made under a divorce or
separation instrument.
● The divorce or separation instrument doesn't designate the payment as not alimony.
● The spouse aren't members of the same house when the payment is made
● There is no liability on payer to make the payment after the death of the recipient
● The payment isn't treated as child support or a property settlement
Child support is neither deductible not it can be considered as tax income. If in any
case decree of divorce or separation instruments provides for alimony and child
support and the payer spouse pays less than total required payment. The priority is
given for payment of child support first and remaining amount is considered as
alimony.
Not all payment under a divorce or separate instrument are alimony. Alimony doesn't
include.
● Child support
● Non cash property settlements, whether in a lump -sum or installments
● Payments that belongs to spouse's part of community property income.
● Payments to keep up the payer's property
● Use of the payer's property
*​~Traditional Sources Insurance for Women's
Various traditional sources in form of customary rituals, religious beliefs, gifts etc have been
prominent tool in providing protection, support to women during times of there adversity as
well as these traditional sources acting as security to tackle future possibilities of hardships
on herself as well as on her family ex stridhan. These traditions are ubiquitous in indian
society in form of Dower, stridhan etc these have significant role in providing women's
security by providing her own financial support in the name of traditions to establish herself
in dominance of patriarchy and even use these sources during her hardship time such as
widowhood.
​DOWER
(Mahr)
● As before enactment of the Hindu marriage Act 1955 there was approved and
unapproved form of marriage in Hindustan, same manner in muhammed law
marriage which is done by capture against the will of bride in such marriages fixing of
dower was vogue. It was observed that the guardian of the bride take dower himself
which was fuzzy in itself as one could not clarify whether it shows violation of sadka
or dower or the practice was originally the price paid for the bride to her parents.In
Shigar form of marriage a man would give his daughter or sister in marriage to
another in consideration of latter giving his daughter or sister in marriage and neither
wives of such marriage could not get dower, wives were deprived from their dower on
charges of unchastity. With development in society these practices disappeared.
The term mahr was originally used to signify gifts given to the parents of the wife while sadka
/dower was a gift to the wife herself, the marriage which is done according to religious
practices of muhammed with consent of bride in such marriage mahr or dower paid in cash
was approved by Islam, the Koran says
"And give women their dower freely"
Definitions given by jurists of Dower convey nearly the same meaning, some of these are-
Baillie- ​"The property which is incumbent on a husband, either by reason of it's being named
in the contract of marriage, or by virtue of the contract itself.. Dower is not the exchange or
consideration given by the man to the woman for entering into the contract, but an effect to
the contract imposed by the law on the husband as a token of respect for its subject the
women"
Abdul Rahim -​"It is either a sum of money or other form of property to the basis of which the
wife becomes entitled by marriage.. It is an obligation imposed by law on the husband as a
mark of respect for the wife…"
Tyabji -"​Mahr or dower is a sum that becomes payable by the husband to the wife on
marriage, either by agreement between the parties or by operation of law.
Section 285 defines Dower - Mahr or dower is a sum of money or other property which the
wife is entitled to receive from the husband in consideration of marriage.
The nature of dower can be understood by case law ​of ​Abdul vs Salima​- The consideration
used in section 285 defining dower is not used in the contract Act, Mahmood J in above case
law said that it had been compared to the price in a contract of sale because marriage is a
civil contract and sale is a typical contract to which Mohammed jurists are accustomed to
refer by way of analogy.
The line of reasoning based on the analogy of sale was criticized by sir shah and by Ameer
ali in various case as in ​Anis Begum vs Mohd Istafa.
Islam declares that dower is right of wife herself, the provision is for her drought season and
a tool to socially a check on the husband right of his almost unlimited power of divorce which
he may exercise Capriciously but as by doing so he knows that the whole of the dower
would have be payable immediately, it creates restrictions on almost unlimited power of
divorce.
There are different kinds of Dower and way it's given to wife and have associated rights
available to wifes.
-Kinds of Dower/Mahr
There are two kinds of dower -
● Specified dower/Mehr -e-Musamma Or Mehr -e-Tafweez
● Unspecified dower /Proper dower

•Specified dower further classified into

- Prompt dower (Mehr -e-Moajjal)
- Deferred dower (Mehr -e-Moajjal)
when amount of dower is fixed before or at the time of marriage which is payable to wife
either at a time of nikah or after the nikah such dower is considered to be ​specified​ dower.
Prompt dower (Mehr -e- Moajjal)
The dower which is payable as soon as nikah is completed no matter the marriage was
consummated or not is known as Prompt dower.
-If husband divorce wife before marriage is being consummated then husband is entitled to
recover half amount of dower from wife.
-prompt dower is required to be paid by husband on demand of wife in case of failure of pay
wife can claim it.
Deferred dower (Mehr-e-Moajjal)
When the payment of dower is based on the happening of some event such as at time of
divorce or on the accrual of any time this kind of dower is known as Deferred dower.

•Unspecified or Proper dower

Unspecified dower is kind of dower in which amount and time of dower is not fixed on event
of marriage but is fixed by court considering following facts-
-Local customs
-Position of husband
-Position of wife's father
-Reference to dower of female paternal relations
-Personal qualifications of wife.
With different time amount of dower was fixed according to different Muslims law such as
according to Hanfi law dower of wife should not less than 10 dirhams, as per Malikis it
should limit to 3dirhams while shafi & shia law have set no limit on the amount of dower,
there is no maximum limit on the amount of dower it can be anything, but could not exceed
to 500 dirhams (shia law)
Dower is a free gift of muslim women she receives in consideration of marriage which gives
her right of actionable claims which can be exercised by her on certain conditions as When
marriage is being consumated, on death of either party or dissution of marriage providing
valid cause for it. Wife is free for remission of her dower wholly or any part of it to her
husband & acceptance of it is purely upon husband choice.
Women may file a civil suit to recover her dower as-
-Widow's right to retain possession of husband's estate in lieu of dower. The dower ranks as
a debt in Muhammed law and it's right of person to recover debt from the property of the
deceased person this principle make widow's entitled to retain possession of husband's
estate in lieu of her dower. Section 295 of Muhammed law explains widow's right to retain
possession in husband property in lieu of dower -it states, the widow's claim for dower does
not entitle her to a charge on any specific property of her deceased husband, except that her
possessions in deceased husband is lawful without any force or fraud with the expressed or
implied consent of the husband or his other heirs(Hamina bibi vs zubaida bibi )as transfer of
property in Muhammeds is coparcenary and no division.
The widow's right of retention is until her dower
debt is satisfied but she has no right of alienation of property by any means of sale, gift,
mortgage etc. Various court is of the view that consent & his heirs is necessary before the
widow can enter into possession of property seems immaterial and is not a deciding factor
is merely obiter dicta.
The law is yet to concise about widow's right to retention is transferable and heritable or not,
Court is of analogical view which can be observed in d ​ ifferent case laws - In Maina Bibi vs
chaudhri vakil Ahmed observed that the right to hold possession is heritable but it's not
certain about being transferable, In Hussain case Mysore high court gave decision that
widow right to retention is both heritable as well as transferable, recently the Andhra
Pradesh high court held in Ghouse vs Fatima begum that in Muslim law a widow is entiled to
retain possession of property for dower debt and right is alinable and heritable.
If the widow is dispossessed by the heirs of the husband or their transferees to recover her
possession right available to her under Section 9 of Specific Relief Act within six month of
dispossession, In dispossession by a trespasser she can sue within 12 years under Article
142 of the Indian Limitation Act.

-​Dower And Maintenance

Dower is absolute right of Muslim woman it can be only delayed in case of dissolution of
marriage either by way of divorce or death, it's her wealth she can use in period of scaricity
in her life which can be immediately after getting divorced from her husband, ​Does this
means dower is amount payable by husband to wife on divorce? As in deferred dower.
Which was firstly supported in judgment of Bai Tahira vs Ali Hussain case in word of Justice
Krishna Iyer- Mahr is the sum payable under customary or personal law on divorce as
referred to in section 127(3) CrPc he says"payment of mahr money as a customary
discharge is within the cognisance of the provision"
This view was soon discarded with judgment of Fu ​ zlumbi vs khader & become concrete with
the landmark judgment of Moh Ahmed khan vs shah Bano Begum with this decision the
misconception of dower being consideration for divorce come to an end.
The observation of Krishna Iyer dispel the view of Taihra case mentioned above-
"The quintessence of Mahr whether is prompt or deferred is clearly not a contemplation
quantification of sum of money for maintenance or divorce. Indeed dower focuses on marital
happiness and is an incident of conjugal joy"
Considering this observation it would be detrimental to say that Mahr is an amount payable
to the wife on divorce when it is clear from the above discussion that Mahr is an obligation
on husband as a mark of respect for the wife.
Section 3 of the Protection of rights on divorce Act 1986 clearifies that dower is not amount
payable on divorce. If Muslim women is unable to maintain herself after divorce she is
entitled to claim maintenance under section 125 of CrPc and Section 127(3) put no
restriction on her, It can be said ​dower is not a part of alimony (​conpensation)​but a part of
maintenance.

​ TRIDHAN
S
The term stridhan comprises of two words ' strive' that is women and 'Dhan' that is property
thus stridhan imply that property over which a woman has an absolute ownership. The term
stridhan was used for the first time in Smritis and in the Dharmasutra of Baudhayana. Under
the modern hindi law stridhan does not represent any specific property but includes all
properties belonging to Hindu woman over which she has absolute ownership and which is
inherited by her successors, stridhan provide tools to women independency as she has
absolute right of voluntary alienation of the property coming under it.
Meaning of stridhan can be better understood through three sources
● Stridhan according to Smritis
-according to vishnu and katyayana
● Stridhan according to Commentators
ex- Vijnaneshwara
● Stridhan according to judicial decision
-vinod kumar sethi vs state of Punjab
- Ashok laxman kale vs ujwala Ashok kale
Etc
There can be numerous sources from which a hindu women can secure property but every
property secured by her is not an stridhan, property constitutes stridhan depends upon
source from where it is acquired, The status of female at time of acquiring property such as
marital status etc.
Property acquired from the following sources fall under stridhan-
● Gifts received from relatives
● Gifts and bequests received from strangers during maidenhood.
● Property obtained in partition
● Property got in lieu of maintenance
● Property acquired by inheritance
● Property acquired through technical skill and art
● Property acquired by compromise
 ● Property acquired by adverse possession
● Property purchased with the earnings of the stridhan or with saving of income from
stridhan
● Property acquired lawfully from sources other than those mentioned above.
-Kinds of stridhan
● Adhayagni-gifts given at the time of nuptial fire
● Adhyavahanika -gifts given to bride while going to her husband's house
● Priti Dutta-gifts given to the daughter -in -law by mother-in-law and
father-in-law out of love and affection.
● Patidatta - gifts given to her by her husband
● Padvannadanika- gifts given by the elders while wishing them and paying
them respect
● Anvadhyeyaka - gifts received from husband after her marriage
● Adhivedanika -gifts given to first when the second wife was brought
● Shulk - money received for marriage
● Bandhudatta - gifts given by relatives of mother and father
● Vritti - money given for maintenance and properties purchased from the
money given towards her maintenance
● Yutaka- when the bride and bridegroom sat together after marriage and
received gifts that is gifts during marriage.
● Ayataka - those which did not fall in the yavtaka category mentioned above
● Savdayika and Asavdayika -it depends upon right of alienation. Women have
an absolute right over all the saudayika properties whereas over Asavdayika
stridhan the husband too has the right of ownership.
● Paribhaashit and aparibhashit- the paribhaashit stridhan is gifts given to
women before fire at time of marriage whereas other property given to her fall
under aparibhashik category.
-Rights of women over stridhan depends upon the status of women and source of stridhan.
Married status -The right of disposal of stridhan varies with the nature of stridhan which is
related with the right of alienation such as Asavdayika stridhan the husband too has the right
ownership and right of alienation associated respectively, generally husband has no control
over the stridhan of his wife yet in emergency he could still use and dispose of the same.
During widowhood- widows has an absolute and unrestricted right of alienation of property
husband she can alienate the properties without any constraint.
stridhan includes all kinds of properties gifts whether movable or immovable received at any
time of her life married, during childbirth during her widowhood or even prior to her marriage.
Stridhan is tool for women establishing her own identity as well as source of helping her
husband in case distress of husband or when suffering from any disease or is being tortured
by creditors which resolves many conflicts emerging in families becomes of financial
instability, but there is no concerte legal procedure to register stridhan as well as their is no
upper cap on it.
Hindu succession Act 1956 was abrogated the law relating with implication section 14 in the
Act which imparts absolute right over property which comes under the umbrella of stridhan of
women. A uniform law of succession relating to various heirs mentioned in section 15 of the
Act deals with the condition when a Hindu female dies as intestate her stridhan devolve
according to the rules contained in section 15 and 16 of Hindu succession act 1956.
As all gifts properties what woman has as her stridhan is her assets hence there is no tax no
the stridhan, but if women further have earning from that stridhan there will be tax on that
earning coming out of stridhan, there is no strickjacke for protection of stridhan legally
because of which conflicts occur over ownership of stridhan to avoid such condition. A
woman should form a list of all her assets and get it signed by two witnesses, there may or
may not be evidence of ownership hence court may not necessarily take cognisance to the
witness, woman should take photographs of her all assets as stridhan, the videos
photographs
of marriage during ceremonies when gifts are given or received act as evidence.
Stridhan is treasure of stridhan as treasure is demand of human kind the proper
management and protection is required for its conservation and utilization avoiding conflicts
which can be done by adopting simple steps towards managing stridhan,
Stridhan is source of women own maintenance.

Traditional sources such as dower, stridhan etc are part of women maintenance which have
fixed their place in developed legal system but no where it have any scope for men seeking
maintenance even if they would have needed it most which approach according to study
seems to be gender bias.
*~Who is entitled for Maintenance
Maintenance as by meaning is need which needs to be fulfilled for smooth running of life of
every individual, As per indian law of maintenance, maintenance is allotted to the category of
dependent children, wife (legally wedded), divorced spouse, mistress etc. According to
provision under criminal procedure Act (CrPc) 1973 it is moral obligation of a person for
which he is duty bound to the society to take care of his wife, children, as well as parents by
providing them maintenance according to their economic status and conditions favouring
maintenance.
Section 125 of CrPc provide remedy for maintenance which is inexpensive than available in
personal law and personal law related with maintenance based upon faith and belief of that
personal law, though both these CrPc Act and personal law differ from each other with
respect to maintenance but there is no conflict between them.
Remedy under section 125 of CrPc is available despite a person have obtained order for
maintenance under application of personal law.
The issue for maintenance of second wife has been an important question in front of Indian
judiciary for which court depending upon the facts and circumstances of each case have
given multifarious interpretation to term wife under 125 of CrPc and in each case have at
least granted interim maintenance. Even court have recognised the right of working women
entitled of getting maintenance from her husband even when she earns herself, and in
condition when due to social stigma or for children future wife does not break marriage but
due to certain behavior of her husband it seems impossible for her to cohabit with her
husband in such cases too she is entitled to claim maintenance. It is observed that in all
cases human is bound to maintain her wife but when it comes to husband the right of
maintenance to husband is only available under exception which is conditional & conferred
to him only if he is handicap or suffering from some venereal disease which have made him
incapacitated from earning a living. Analysing this we can say this law holds essence of
gender Biasness.
*~Maintenance under Various law
There are different provision under different Acts which deals with law of Maintenance
namely these are:
● 1-Section 125,126,127 of Criminal Procedure Act 1973.
● 2-Section 3 and 4 of Muslim Women Protection of Rights on Divorce Act 1986
● 3-Section 18,19,20,22,23and 25 of the Hindu Adoption and Maintenance Act 1956
● 4-Section 24 of Hindu Marriage Act 1955
● 5-Section 12 and 23 of Protection of Women from Domestic Violence Act 2005
● 6-Section 5 and 9 Maintenance and Welfare of Parents and Senior Citizen Act 2007
● Article 14,15 and 21 rights guaranteed under the Constitution of india
1-
Section 125 of CrPc deals with Order for Maintenance of wives, children and parents, here
children includes legitimate or illegitimate child married or not but is minor it also includes
boys till age of 18 and girls till time they are unmarried and unable to maintain themselves
or any child due to any physical or mental abnormality unable to maintain itself.
Maintenance of wife includes a woman who has obtained a divorce from her husband and
has not remarried, some cases where women are not entitled to get maintenance, if she is
living in adultery or without any sufficient reason refuses to live with her husband or if they
are living separately by mutual consent, Even if wife waived her right to maintenance in
agreement with husband, her statutory right of maintenance under 125 of CrPc 1973 can't be
bartered (Bombay high court)Maintenance of parents.
Maintenance of parents by simple monthly allowance in case they are unable to maintain
themselves.
Section 126 of CrPc deals with the Procedure for Maintenance. The application are filled in
the court of first class Magistrate in any district where the spouses resides or where they
have been living together, to seek maintenance applicant needs to prove that he or she is
unable to maintain self and the respondent should have sufficient means to fulfill demand of
maintenance which he has willfully refused or neglected. There is no time limit prescribed for
filling an application of maintenance, if the respondent intentionally neglecting to attend
proceeding Magistrate have right to pass order (ex parts) in favour of appellate which is
reversible within three months when the knowledge of ex-parte order come into
acknowledgement of respondent.
Section 127 deals with attention of allowance, it empowers Magistrate to increase, decrease
or cancel the order of maintenance on proof of chang in the circumstances of dependent.
The order can be cancelled in situations when women get remarried after divorce, if wife
voluntarily surrendered her right of maintenance after divorce, if she receives whole sum
amount either before or after the order has been passed under any customary or personal
laws.
All these provision of CrPc is soul for the right of every individual who is in need of
maintenance but it sad realize in era of equality it lacks to count husbands in that every
individual.

2-Section 3 of Muslim women Protection of rights on Divorce Act 1986,entitled a Muslim

women to claim her Mahr or any of her belonging owned by her as gifts by relatives, family
members or husband at the time of divorce. It says a divorced Muslim woman is entitled to
have maintenance within her iddat period by her former husband, if she herself maintains the
children born before or after her divorce she is entitled to get Maintanence for a period of two
years from date that child is born. Amount of dower promised to her at the time of her
marriage according to Muhammed law, if a Muslim women after divorce does not get
Maintanence as mention above she or any one duly authorized by her on her behalf have
right to filled an application to Magistrate for order to Maintanence, delivery of mahr,
recovery of gifts etc. If a person against whom the order has been made fails to suffice the
order without giving reasonable excuse, Magistrate is entitled to issues warrant against that
person for levying the amount of maintenance due in the manner provided for levying fines
under CrPc 1973 and may sentence such a person
According to section 4 of the above mentioned Act if divorced woman has not remarried and
is unable to maintain herself after the iddat period then by order of magistrate her relatives
who is her legal heirs is bound to provide her monthly allowance for easy survival or if she
has children first duty is to them to maintain her as law does not discriminate between
divorce or married woman & expect to have same level of easement ,happiness in both life,
considering this law assure good wife for divorced woman. If any of the children or relatives
are unable to maintain divorced woman and or she has no relation as such who can
maintain her, and she's incapacitated in maintaining herself, state come forward to take care
of such woman for this purpose the Magistrate may oder direct the Wakf Act 1954(29 to
1954) or under any other law for the time being in force in a state.

3-Under section 19 of the Hindu Adoption and Maintenance Act 1956 a Widowed daughter
-in- law could maintenance from father in law subject to the condition that she is not able to
maintain herself out of her own income or state or out of income from state of a deceased
husband or living son or daughter or otherwise from the state of her parents (father, mother)
A sharp contrast could be seen under section 20 of the above mentioned Act which provides
for maintenance of aged children and parent infirms that no liability has been imposed on
daughter in law regarding maintenance of her infirm aged in laws (father & mother-in -law)
Under section 21 of the adoption and Maintenance Act 1956 the dependents have been
defined or classified, but even under such classification husband or father in law failed to be
mentioned.
The Hindu adoption and maintenance Act 1956
All its account provisions are for maintenance of women only, in this Act a cover of
maintenance is provided to daughter(married or unmarried), wife, widow and mother.
Although it could be Countermanded by saying that Act also provided for maintenance of
father and son but it is to be seen that nowhere the act subsidy in favour of an incapable
husband or a widower who himself is not in a position to maintain itself.
Under section 18 of this Act
● A wife is to be maintained by a husband irrespective of her own income
● The right of wife further extent to claiming a separate residence and maintenance in
cases where the husband is guilty of Desertion, cruelty and even if the husband
himself is suffering from venereal disease or has another wife or concubine or
shunned his religion.
Other above mentioned section in this points talks about procedure of maintenance
These sections makes it clear in era of equality still some of the laws are women
centric and maintenance is a social perspective.
4-The Object of section 24 of Hindu Marriage Act to provide monetary expenditure during
court proceedings and monthly allowance during proceeding to either husband or wife
whoever does not have sufficient income to maintain itself. According to this section both
husband and wife are entitled to claim maintenance pendente lite and expenses of
proceedings from each other which makes this section gender neutral regarding
maintenance, Although this section talks about maintenance of husband and wife but it is
implied that if custody of children is with a person, that person is entitled to get maintenance
to raise and maintain children which in most of the cases given to wives. This provisions
seems gender neutral as per wordings but it is conditional in case of husbands courts needs
to be satisfied with certain conditions when wife have to give maintenance to husbands,
Unemployment of husband is no ground to seek maintenance pendente lite and expenses of
proceedings, he is awarded maintenance only if he is physically or mentally handicapped or
suffering from any venereal disease because of which he is unable to carry out his
livelihood. It seems as reader and by studying case laws that Section 24 of Hindu marriage
Act is gender neutral in wording but in its applicability it's really gender neutral has fuzzy
observations.
By providing expenses assistance to either husband or wife who is incapacitated of carrying
baggage of such expenses of proceedings and monthly allowance in that period it's obvious
that objective of Maintanence is to reach need of people rather than only being a social
perspective.
5-Section 12 and 23 of Protection of Women from Domestic Violence Act 2005 deals with
relief granted on any incident of domestic violence, Section 12 states that on getting satisfied
on being reported of any incident of domestic violence by the protection officer or service
provider, Magistrate take consideration of application by aggrieved person, protection officer,
or any other person on behalf of the aggrieved party against domestic violence, the
magistrate has power to grant more than one relief under this Act and one such relief is an
order for the payment of compensation or damages without prejudice to the right of such
person to Institute a suit for compensation or damages for injuries caused by an act of
domestic violence.
Section 23 of this Act empowers Magistrate on being satisfied of respondent being
responsible for domestic violence on the appellate or their is any possibility predicted for
happening of such act to grant ex parte order. These two sections that is 12and 23 are
relevant for the purpose of maintenance and indicates towards objective of maintenance to
reach need and not just want social perspective.
6-Section 5 of the Maintenance and Welfare of Parents and Senior Citizen Act 2007 provide
mode for applying application for maintenance of senior citizen or Parent through different
means according to section the parents or senior citizen is unable to maintain itself then it's
primary responsibility of children to maintain them or their close relatives. If they do not
maintain their parents an application for maintenance under section 4 is made by either way
either by parents themselves, by any recognized organization under any law or organization
voluntary association registered under The societies Registration Act 1860,or by tribunals
which has power of suo motu, when parents incapable of filling application.
This action brings children and relatives under obligation to maintain such parents and
senior citizens who are unable to maintain themselves. If children or relatives does not
provide maintenance to needy parents after order has been passed without giving sufficient
cause to comply with the order, The Tribunal may issue warrant for levying the amount due
or may sentence such person according to circumstances. This section provides needs in
the time of scarcity of life when an individual needs to be taken care as of parents and senior
citizens.
Section 9 of the Act ensures that no parent or senior citizens who are incapacitated in
maintaining itself live his or her life in hardship in lack of Maintenance which is moral as well
as legal obligation of children or relatives to provide. If children or relatives neglect or refuse
to maintain a senior citizens, Tribunals have power to order a monthly allowance on basis as
state government prescribes. By this way this Act by these provisions try to cover the needs
of every parent and senior citizens who are unable to maintain itself by granting order of
Maintenance, by this it clarifies the fuzziness that Maintenance is need and not just a social
perspective.

Conclusion
It has been concluded from above research that Maintenance is a need and not just a social
perspective. Traditional law have been tool in empowering women and establishing their
own identity and there relation with current Law of maintenance, Law of Maintenance have
very little scope for husband for claiming maintenance which is conditional. Overall
conclusion is that law of maintenance is for fulfilling every individual need who is dependent
on another and is unable to maintain itself but yet it is women centric in this applicability.

Reference-
U. P. D kesari Hindu Personal law
Rashid khali Muslim law
Mulla Muslim law
Law of Maintenance by Sachveda & Surana
Net sources.