Chapter-1: INTRODUCTION

Marriage is the very foundation of human civilization and civil society. Marriage is one of the
most important of all Samaskaras under the Gryha Sutras.The Hindu Marriage Act has made
elaborate provisions as to the conditions for a Hindu marriage, ceremonies, registration,
legitimacy of children, nullity of marriage and divorce etc. Almost all the provisions are equally
applicable to the Hindu husband and wife. A package of mutual rights and responsibilities
emanates from marriage.

Right to Maintenance to both husband and wife is one such right which emanated from it. The
whole concept of maintenance was initiated in order to see that if there is a spouse who is not
independent economically than the other spouse should help him/her in order to make the living
of the other person possible and independent. The maintenance may be in a gross sum or on
periodical or monthly basis. In no case, the maintenance shall be owed beyond the life of the
non-Applicant. The income and property of the non-Applicant shall be considered while
determining the permanent alimony. The interim maintenance is payable from the date of
presentation of the petition till the date of dismissal of the suit or passing of the decree. Interim
maintenance is supposed to meet the instant needs of the petitioner.

Maintenance refers to payments which a husband is under an obligation to make to a wife Either
during the subsistence of the marriage or upon separation or divorce, under certain
circumstances. This liability of the husband flows from the bond of matrimony. Obligation of a
husband to maintain his wife arises out of the status of the marriage . A wife is entitled to claim
maintenance under the provisions of the code of criminal procedure,1973. While under the
personal laws an application for maintenance can be made only, if there are, or have been,
matrimonial proceedings under the Act, in case of code of Criminal Procedure,1973 there need
not be any matrimonial litigation and yet the wife may claim maintenance.
RESEARCH OBJECTIVE

1. To analyze the provision of maintenance under different statutes of Hindu law.

2. To find whether the right to maintenance extinguish after the death of the husband.

3. To find whether a wife can claim maintenance when her marriage is declared to be void.

4. To find whether the working women can claim maintenance from her husband.

RESEARCH QUESTION

1. To find the difference in the provision given in section 25 of the Hindu Marriage Act 1955,
section 18 of hindu adoption and maintenance act and section 125 of the Crpc?

2. Does the right to maintenance extinguish after the death of the husband?

3. Can a wife claim maintenance when her marriage is declared to be void?

4. Can working women claim maintenance from her husband?

RESEARCH HYPOTHESIS

1. The husband can also claim maintenance under section 24 and 25 of the Hindu marriage
act,1955.

2. The wife can not claim maintenance when her marriage is declared to be void.

3. The right to maintenance does not extinguish after the death of the husband.

4. A working wife is also entitled to maintenance from her husband.

RESEARCH METHODOLOGY

Doctrinal method of research would be adopted to do further research on the topic. Books and
other newspaper articles were taken from the library of National University of Study and
Research in Law. Besides this some websites providing information on this topic have been
surfed and relevant parts have been referred. Online resources and legal databases have been
used in the research for this case. Also the internet and web based resources have helped in an
extensive way towards the completion of this research on the particular case. It is hereby assured
that no part of this project has been plagiarized in any form or from any source.

LITERATURE REVIEW

 In an Article titled" Right to Maintenance to hindu women’ by Anjali kant states that all
personal laws accept the basic Idea of women having some rights to support in the event
of the dissolution of marriage. She is entitled to maintenance if a voidable marriage is
annulled , or if a valid marriage is dissolved. In the event of judicial separation also she is
entitled to maintenance.
 In an article titled Right to Maintenance of Hindu Women under hindu adoption and
maintenance act by Dr. Prativa panda talked about the wife right to separate residence
and household. It stated that The wife had been living alone and all the children had been
brought up by her without any assistance and help from the husband and there was a clear
case of desertion, the wife was entitled to separate residence and maintenance and also
the thoughtless action of the husband of evicting the wife from the house where she had
been living in collusion with the purchasers of the house and the police inflicted a deep
wound on her amounting to cruelty, the wife was entitled to live separately and claim
maintenance.
 In an article titled a study of maintenance under hindu law published in the international
journal of pure science and applied mathematics talks about that in certain cases under
personal law, the Indian courts have adopted a lenient view and granted the husband the
right to receive maintenance. Such right however, is conditional and typically conferred
upon the husband, only if he is incapacitated due to some accident or disease and
rendered incapable of earning a livelihood. Such an entitlement is not available to an able
person, doing nothing for a living or a wastrel.
CHAPTER-2: CONCEPT OF MAINTENANCE IN DIFFERENT STATUTES OF HINDU
LAW

Hindu sages, in the most unequivocal and clear terms, lay down that maintenance of certain
persons is personal obligation.

Manu declared: “The aged parents, virtuous wife, and an infant child must be maintained even
by doing hundred misdeeds.”

There are four different types of provisions regarding maintenance:

(A) Provisions under Code of Criminal Procedure, 1973.

(B) Provisions under the Hindu Marriage Act, 1955.
(C) Provisions under the Hindu Adoptions and Maintenance Act, 1956.
(D) Provisions under the Protection of Women from the Domestic Violence Act.

The provisions of maintenance in the Cr.P.C. and the Hindu Adoption and Maintenance Act are
independent reliefs. Although, the right to claim maintenance under the Hindu Marriage Act is
an independent right and it is not being controlled by the Hindu Adoption and Maintenance Act,
but the jurisdiction of the Court cannot be ousted on the plea that the applicant under the Hindu
Marriage Act is already getting maintenance under the Hindu Adoption and Maintenance Act,
but while fixing the quantum of maintenance that may be taken into consideration. Under the
Hindu Marriage Act, either spouse can seek maintenance, under the Code of Criminal Procedure
and Hindu Adoption and Maintenance Act, only the wife can claim maintenance.

Chapter3: Maintenance under Hindu Marriage Act,1955

Section 241 of the Hindu marriage Act states about maintenance pendente lite and expenses of
the proceeding and Section 252 of the Hindu marriage Act provides for permanent alimony and
maintenance. Non payment of interim maintenance was construed as a "wrong" within the
meaning of Section 23 of the said Act and disentitle the husband the decree of divorce 3. Pendente
lite can be granted even before making first effort for the reconcialition. 4 Section 24 is enacted to
provide relief by way of maintenance and litigation expenses to a spouse unable to maintain
itself during the pendency of the proceedings; it is a Benevolent provision. 5 Both the Section 24
and 25 of the act provides the matrimonial right of maintenance to either of the spouses and not
exclusively to the wife. In the case of T.P. Sudhesh Babu v. sherly P. 6, the issue was whether
Section 24 is applicable when the proceedings before the court are under S. 12 for declaration of
nullity of marriage . The court held that s. 24 applies to " any proceeding" u nder the Act and no
exception can be carved out for proceedings under S. 12 of the hindu marriage Act 1955. Once

1
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may
be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may,
on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the
proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the
income of the respondent, it may seem to the court to be reasonable. [Provided that the application for the payment
of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed
of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
2
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time
subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be,
order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or
such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the
respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct
of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be
secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an
order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such
manner as the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married
or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual
intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any
such order in such manner as the court may deem just].

3
Naresh kumar v. Sarabjit Kaur, AIR 2007 P&H 47.
4
Sidherta v. Kanta Bai, AIR 2007 MP 59.
5
Lata v Dhanpal (1995) 2 D.M.C. 440 (Madh. pra.).
6
AIR 2010 Ker 37.
these proccedings are disposed of the payment of interim maintenance also comes to an end and
the party can not demand payment beyond the date disposal of the main proceedings.7

The relief of permanent alimony can not be given where the main petition for relief under the
Act such as divorce, judicial separation, etc is dissmissed or withdrawn.8 An application for
maintenance under s.25, Hindu Marriage Act, 1955 can be made at the time of passing of any
degree or at any time subsequent thereto. The expression "at the time of passing any order" as
used in the section includes a decree of nullity. 9 It emcompasses within the expressions decrees
of all kinds such as restitution of cunjugal right, judicial separation, nullity of marriage,etc.10

In the case of Homeshwar Singh v. Mira Singh11, it was held the payment of permanent alimony
could not be ordered where suit for dissolution of marriage is dismissed. In the case of
Polavarapu v. P.S. Parvathi12 , it was held that S.25 of the Hindu marriage can not be invoked
when the main petition for matrimonial relief is not granted.

Right of maintenance under Section 24 of the Hindu marriage Act can not be defeated on mere
allegations that she was living in adultery 13. The needs of the wife and status and standard she
was used to in her husband's house has to be kept in mind while awarding maintenance. The
court in the case of Jabir Kaur held that a wife's application under S. 24 includes her own
maintenance as well as that of t14he daughters. If interim maintenance under S.24 were to be
granted to the spouse only , it would be meaningless if he does not provide for maintenance of
children living with each child, the court held in the case of Vikrant Arora v. shruti Mehra.15

Death of husband does not extinguish the alimony order

In the case of Aruna Basu v. Dorothea Mitra 16, the issue whether the alimony gets extinguished
with the death of husband was raised. The wife obtained a maintenance decree under section 37
of the special marriage act whereafter she was awarded maintenance of rs.300 per month. Later
7

8
Badri prasad v. Urmila Mahobiya A.I.R. 2001 Madh. Pra.106.
9
Ramesh chandra Daga v. Rameshwari R.C. Daga, AIR 2005 SC 422.
10
Ibid,p.427.
11
AIR 2007 Chattisgarh 27.
12
AIR 2009 AP 98.
13
Preetam Chand v. Krishna, AIR 2007(DOC) 147 (P&H).
14
AIR 1997 SC 3397: (1997) 7 SCC 7.
15
AIR 2014(NOC) 593 (P&H).
16
AIR 1983 SC 916.
her husband died without making any provision for the satisfaction of the maintenance decree. In
this the reference was made to certain english authorities in support that no cause of action
subsists after the death of the husband and so alimony gets extinguished. However, the supreme
did not accept this argument and stated that Special marriage act is an Indian statuted passed
after independence and there was no warrant to be guided by English decisions in the
interpretation of its provisions. The same view was further reiterated in the case of Nandini
Mazumdar v. Indian Airlines17 , wherein the supreme court held that the estate of deceased
person is liable for the satisfaction of the maintenance decree. An order of maintenance can be
enforced against the husbands estate if he dies but only for the period till his death. In other
words, the Husbands estate can not be burdened with the enforceability of the maintenance order
for any period beyond his date of his death.

FINDINGS:

 The right to claim maintenance under section 24 and 25 of this act is available to both
husband and wife.
 A decree of a matrimonial relief must be obtained in order to claim maintenance under
this section.
 The relief of permanent alimony can not be granted if the main petition is dismissed.
 The widowed wife is to be maintained by the estate of the husband if he dies.

Chapter4: Maintenance under the Hindu Adoption and Maintenance Act,1956

A Hindu wife has an added advantage of an additional statute under which she may claim
maintenance, through the Hindu Adoption and Maintenance Act,1956. There is no requirement
of any matrimonial litigation under this statute also. Maintenance has been defined in section
3(b) of this Act which states maintenance includes:-

(i) in all cases, provision for food, clothing, residence, education and medical attendance and
treatment.

(ii)in the case of an unmarried daughter, also the reasonable expenses of and incident to her
marriage.

17
AIR 1983 SC 1201.
This Act exclusively gives the right to maintenance to a wife. Section 18 of this Act provides for
maintenance of a wife and states that (1) Subject to the provisions of this section, a Hindu wife,
whether marrieed before or after the commencement of this Act, shall be entitled to be
maintained by her husband during her lifetime.. (2) A hindu wife shall be entitled to live
separately from her husband without forfeiting her claim to maintenance if he is guilty of
dessertion, has treated her with cruelty, he has any other wife living, if he keeps a concubine in
the same house in which his wife resides or lives , he has ceased to be a hindu or has any other
cause justifying her living separately. (3) A hindu wife shall not be entitled to separate residence
and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to
another religion.

It has been accepted that a right to maintenance under matrimonial law also includes a right to
residence. There was upto this point of time, no judicial pronouncement of courts in India,
Clearly laying down the legal position, except a decision of the high court of Calcutta in relation
to section 18 of the Hindu adoption and Maintenance Act, 1956 which held that the right of a
wife to reside in the matrimonial home enures till the determination of the matrimonial
Proceedings.18 The right of the wife to enforce her right of residence in the matrimonial home has
hitherto been recognized under Shastric Hindu law and the subsquent Statutes. The claim of
maintenance by the wife under this section is not dependent on the passing of any decree or
dissolution of marriage. Section 19 of this act also provides provision for a widowed wife to be
maintained by the father in law. Report no. 252 on the hindu maintenance and adoption act has
has been prepared by the law commission to make certain amendments in this act and make a
provision for maintenance of a wife by the father in law in case her husband is of unsound mind.

FINDINGS:

 It is a right available exclusively to a wife.

 The right to claim maintenance also includes her right to separate residence under Section
18(2) of this act.
 A recommendation has been put forward by the law commission in report no .252 to
make amendments in this act and make a wife whose husband is of unsound mind to be
maintained either by father in law or his estate.
18
Basudev Sarkar v . chhaya sarkar, AIR 1991 Cal 399.
 Chapter -5 : Maintenance under Code of Criminal Procedure, 1973

While the provisions under the personal law are applicable to parties belonging to that particular
religion, the maintenance provisions under the ssection 125 of the CrPc , 1973 is uniformly
applicable to all, irrespective of religion. In case of Code of Criminal Procedure there is no
requirement of any matrimonial litigation. The salient features of the provision are: A wife
includes a divorced wife, only lawful wife is entitled to maintenance under this section, a wife
may seek maintenance without any matrimonial litigation, She may stay separate if there are
sufficient grounds justifying that and yet get maintenance, there must be neglect or refusal on
part of husband to maintain her, wife must be unable to maintain herself, the Court can grant
interim Maintenance also, the amount may be varied or cancelled if there is change in
circumstances, In certain situations wife may be debarred from claiming maintenance, her right
to maintenance terminates on remarriage. The CrpC makes no provision for the maintenance of
the husband

The mode of divorce is immaterial to a wife's claim under S. 125 CrPc. Thus even if the divorce
is obtained by mutual consent , the wife is not debarred to claim maintenance. The court has
jurisdiction under section 125 of this act only for future maintenance i.e., maintenance from the
date of petition19 and not for past maintenance. A wife seeking maintenance under this Section
has to prove neglect on the part of the husband to maintain her. A wife living separately from the
husband on reasonable grounds also has the right to maintancence. A husband beating his wife
with sticks and belts, false accusation of unchastity, allegations of unchastity, husbands
bigamious marriage, husband's impotency are reasonable grounds for wife's separate iving.

The following observation was laid down by the Supreme Court in Bhuwan Mohan Singh v.
Meena20 and the court stated that: Obligation of a husband is not limited to sustain his wife and
children as animals; he has to maintain them in same status as they were before; duty to provide
maintenance is to be fulfilled even by earning by physical labour if he is able bodied. There is no
escape unless there is an order from the court that wife is not entitled to get maintenance from
husband on legally permissible grounds.
19
Thoombath v M. Khadeeja Sherbin, AIR 2010 (NOC) 230 (Ker).
20
AIR 2014 SC 2875 at 2876-77.
Further in the case of Hardev Singh v. State of UP 21, the court held that the fact husband has
renounced the world and become a Sadhu is no ground to absolve him of his duty to maintain his
wife and children.

Working wife also has a right to claim maintenance:The very status of her being a wife
entitled her to claim maintenance from the husband. Therefore, once it was established that the
husband having sufficient means , including the capacity to earn, has neglected or refused to
maintain his wife. unhibited or uninfluenced by any extraneous consideration , maintenance has
to be granted. The income or the ability of the wife to earn and maintain herself was an irrelevant
consideration.22 The fact that a wife is working can be taken into account in fixing the quantum
of maintenance but would not debar her from claiming it. Thus where a wife was driven out of
the matrimonial home because she refused to give consent to her husband marrying another
woman and the wife was working but her job was not permanent , it was held that the husband
can not take the plea that she would be able to maintain herself and so he has no liability to pay.It
was held in the case of R. Shivakumar v. Manimegalai 23. The potential earning capacity of a wife
can not be taken into account in deciding maintenance under S. 125 of CrPc. In the case of
Tejaswani v. Arvind Tejas Chandra24, it was held that the mere fact of wife being highly
educated with an MBA degree was held to be no ground to refuse her maintenance.

Findings:

 A wife includes a legally wedded wife and also a divorced wife to claim maintenance
under this section
 The mere fact that wife is highly educated does not disentitle her from right to claim
maintenance
 The maintenance provision are for wife, children and parents under this section
 Working wife is also entitled to maintenance and her income can only be taken into
account for deciding the quantum of maintenance.

21
(1995) CrLJ 1652.
22
Suryakant alias Suresh Lakmishankar v. Indu, (1973) Guj LR 169.
23
(1998) Cr LJ 2689
24
AIR 2010 (NOC) 228 (Karn).
 Chapter 6: Maintenance when marriage is void

While maintenance provisions are welfare measures aimed at preventing destitution of wives,
their application and interpretation has, at times caused a lot of Hardship to the indigenous Wife
for no Fault of theirs. The issue whether a wife whose marriage is void or defective is entitled to
maintenance is pertinent in this context and has infact come up before courts on several
occassions.

So far as the Hindu Marriage Act, 1955 is concerned, courts have in some earlier cases granted
maintenance under section 24 ad 25 to wives of void or bigamous marriage. For instance in the
case of Govindrao v. Anandibai25 notwithstanding that the marriage was being a void marriage ,
the wife was held to be entitled to maintenance. In the case of Rajeshbai v. Shantabai26, the court,
while designating the second wife as illegitimate wife observed that:

Undoubtedly , a female spouse united by marriage enters upon a status and is conferred with
immediate as well as inchoate rights attached to such status. When that status is shaken and
found to have no connection, it does not follow that even the inchoate rights of such person are
totally eclipsed.

Under the code of Criminal procedure only a legally wedded wife can claim maintenance. When
a marriage suffers from a legal flaw which goes to the roots of the validity of the marriage, thw
wife is not entitled to maintenance under its provisions. Reference was made to Yamuna Bai v.
Anant Rao27 where the Supreme court clearly held that marriage in contravention of the
provision imposing monogamy is null void and such wife is not entitled to maintenance. The
Supreme Court conceded in Savitaben Samabhai Bhatiya v. State of Gujarat28 that the law
operates harsh against the women who unwittingly gets into a relationship with a married man
and S. 125 of the act does not give protection to such woman. This may be inadequacy in law,
which only the legislature can undo. But as the position in law stands presently, there is no
escape from the conclusion that the expression wife refers to only legally wedded wife.

25
AIR 1976 Bom 433.
26
AIR 1982 Bom 231.
27
AIR 1988 SC 664.
28
AIR 25 SC 1809.
The rigour of such technical approach has been done away with the apex court recent judgement
in Badshah v. Urmila Badshah Godse29. The court took a very holistic and constructive view in
this case and held that there is a difference between a situation where the claimant is innocent
and has no knowledge and is defrauded and one where one knowing fully and aware of the facts
enters into a marriage which is legally void. It was observed that while dealing with an
application of destitute wife and hapless children or Parents, the purpose is to achieve " social
justice which is the constitutional vision enshrined in the preamble of constitution of India. In
case where husband defrauds wife for the purpose of S. 125 such a woman has to be treated as
legally wedded wife and get maintenance.

The Protection of Women from Domestic Violence Act, 2005 not only provides for, inter alia,
maintenance for living in domestic relationship but has also added new dimension to relationship
in the nature of the marriage. In Chanmuniya v. Virendra Kumar30, the court held that a broad
and expansive interpretation should be given to the term 'wife' to include even those cases where
Man and Woman have been living together for a reasonably long period and strict proof of
marriage should not be precondition for maintenance under S. 125 CrPc.

Justices Ranjana P Desai and A K Sikri held that, “Provision of maintenance would definitely
fall in this category which aims at empowering the destitute and achieving social justice or
equality and dignity of the individual.”

125 of the CrPC provides for the maintenance of the wife from the husband. Such provision has
always been for the first wife. But, in the cases where the second wife is kept in dark she is also
eligible for maintenance.

There is no expression provision for the maintenance of the second wife but following the
judicial precedents maintenance has been given to them in a catena of cases and it depends on
the discretion of the judge to grant such maintenance to second wife or not.

FINDINGS:

Under CrPc only a legally wedded wife was entitled to Maintenance. There are no provisions in
any of the statute which provides for maintenance to second wife. However there are judicial
29
AIR 2014 SC 869.
30
(2011) 1 SCC 141.
precedents where maintenance has been granted to second wife or wife of void marriages. It
depends on the discretion of the judge.

In cases where wife of second marriage are kept in dark of first marriage becomes entitled to
maintenance under S. 125 of CrPc.

where a man and woman live together for a long period of time together, the woman gets entitled
to maintenance under the Protection of Women from domestic violence Act.

Proof of marriage is not essential under S.125 of Crpc to claim maintenance , when the parties
live together as husband and wife there is a presumption that they are legally married and can
claim maintenance under this section.

CONCLUSION
This paper deals with Maintenance of wife under Hindu Marriage Act, Hindu adoption and
maintenance act and code of Criminal. The concept of maintenance aims at putting the wife back
to the same position of comfort and lifestyle as she was at the time when her marriage existed.
There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is
upon the discretion of a family court to fix the amount of maintenance that the husband needs to
pay either on a monthly basis or in form of a lump sum. Maintenance to wife is a very
complicated issue under Hindu law. It is often stated as a mean to exploit the husband by asking
alimony for life. Section 24 of Hindu Marriage Act, 1955 (The Act) states that either husband or
wife may claim maintenance pendent lite i.e. maintenance till the proceedings are in process.
Further, section 25 of the Act states the grounds for permanent alimony. Maintenance to wife
refers to the payments, which a husband, under certain circumstances is under an obligation to
pay. Obligation of payment of maintenance can either during the subsistence of the marriage or
after the dissolution of the marriage. The most important aspect of maintenance is that the party
which relies on maintenance has no independent source of income to support himself/herself.
Further under the Hindu adoption and maintenance , the wife gets the exclusive right to claim
maintenance without the required of the dissolution of marriage . She is also entitled to a
separate residence under Section 18 of this Act. Further under Crpc, it gives maintenance
provisions for wife, children and parents. Then in certain cases where a marriage was declared to
be void , the second wife was granted maintenance at the discretion of the judges. There should
be a provision made that exclusively provides maintenance to a second wife in case she has been
defrauded or misrepresented about the first marriage of her husband. It should not be merely left
upon the discretion of the judge.

FINDINGS:

 The right to claim maintenance under section 24 and 25 of this act is available to both
husband and wife. A decree of a matrimonial relief must be obtained in order to claim
maintenance under this section. The relief of permanent alimony can not be granted if the
main petition is dismissed. The widowed wife is to be maintained by the estate of the
husband if he dies. Working wife is also entitled to maintenance and her income can only
be taken into account for deciding the quantum of maintenance.
  The right to claim maintenance also includes her right to separate residence under Section
18(2) of this act.
 Under CrPc only a legally wedded wife was entitled to Maintenance. There are no
provisions in any of the statute which provides for maintenance to second wife. However
there are judicial precedents where maintenance has been granted to second wife or wife
of void marriages. It depends on the discretion of the judge.In cases where wife of second
marriage are kept in dark of first marriage becomes entitled to maintenance under S. 125
of CrPc. where a man and woman live together for a long period of time together, the
woman gets entitled to maintenance under the Protection of Women from domestic
violence Act.

Indian cricket today is at its peak and the presence of the IPL every year
attracts the world to our country to witness the greats of the game in action.
However such untoward incidents dent not the only the image andintegrity of
the game but also dampen the entire atmosphere of the event. Fans are left
dejected by the news of their stars being arrested for such acts. These acts
cause the cricketing universe to boycott the IPL hence bringing a bad
reputation to not only the players but also to Indian cricket. Hence there is a
need for, first and foremost stringent and effective implementation of the rules
and regulations laid down by the various anti-corruption bodies. Heavy
sanctions are the order of the day if spot fixing has to be curbed. Secondly,
most of the time it is often found that the younger, inexperienced players, in
order to earn a quick buck, indulge in these activities. Senior members of the
team or a few greats of the sport should come forward to enlighten the players
on the evils of this practice and persuade them to avoid ruining their careers
for a quick buck. Thirdly, a check on players' agents should me maintained as
most of the time it is these agents who introduce the players to the bookies.
Fourthly, the case of Mr. Gurunath Meiyappan leads to a conflict of interest
brought about by the ownership of Chennai Super Kings by India Cement, a
company whose Managing Director Mr. N. Srinivasan, was the past President
of BCCI. It was alleged that Mr. Meiyappan had access to all the team
information and he used this to his advantage to place bets. By the fulfillment
of these recommendations, in my opinion, there will not be an absolute
banishment of corruption and spot fixing but it will be curbed to its highest
level.

REFERENCES

PRIMARY SOURCES
Statutes Refereed:

1. The Hindu Marriage Act,1955.

2. The Hindu Adoptions and Maintenance Act,1956.

3. The Code of Criminal Procedure,1973.

SECONDARY SOURCES

Books Referred:

1. KUSUM, FAMILY LAW-I 239-279 (4th Ed 2015).

2. DINSHAW FARDUNJI MULLA, MULLA HINDU LAW 1048-1055( 22nd Ed. 2016).

Online databases

1. SCC online

2. Manupatra

Journals

1. S MANOJ VASANT & MR. ARUNKANNAPAN, a study of maintenance under the Hindu
marriage act,120 IJPAM, 2983 ,2986-2991 (2018).

2. DR. PRAVITA PANDA, Right to maintenance of Hindu women under Hindu Adoption and
Maintenance Act, 5 GJRA, 130, 130-132(2016).

3. ANJALI KANT, Right to maintenance of hindu women, 38 JILS ,392, 404(1996).