INTRODUCTION

"Maintenance" is an amount payable by the husband to his wife who is unable to maintain herself
either during the subsistence of marriage or upon separation or divorce. Various laws governing
maintenance are as follows:

for Hindus - Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956

for Muslims - Muslim Women (Protection of Rights on Divorce) Act, 1986

for Parsis - Parsi Marriage and Divorce Act, 1936

for Christians - Divorce Act, 1869 secular laws - Criminal Procedure Code, 1973; The Special Marriage
Act, 1954

Temporary Maintenance (pendente lite)

Temporary maintenance is granted by the court during the pendency of proceeding for divorce or
separation to meet the immediate needs of the petitioner.

Under Section 24 of Hindu Marriage Act, 1955 either of the spouses, husband or wife can be granted
relief if the court is satisfied that the applicant has no independent income sufficient for his or her
support and necessary expenses of the proceedings pending under the Act.

Interim maintenance may also be claimed under Section 125 CrPC by the wife during the pendency of
proceeding for regarding monthly allowance for maintenance under Section 125 (1) CrPC.

Furthermore, Section 36 of the Special Marriage Act, 1954 also makes provision for the wife to seek
expenses from the husband if it appears to the district court that she does not have independent
income sufficient for her support and necessary expenses under negotiations under Chapters V or Vi of
that Act.

Still further, under Parsi Marriage and Divorce Act, 1936 either Parsi wife or husband is entitled to claim
expenses where the proceeding is pending under the Act. Section 39 of the Act which is substantially
the same as Section 36 of the Special Marriage Act makes a provision in this behalf.

Also, under Section 36 of Divorce Act. 1869 which applies to persons professing Christain religion, a wife
is entitled to expenses of proceeding under the Act and maintenance while the suit is pending

All these provisions specify that the application for interim maintenance has to be disposed of within
sixty days of service of notice on the respondent

PERMANENT MAINTENANCE

It is the maintenance granted permanently after the disposal of the proceeding for divoree or
separation.

Hindu Marriage Act, 1955 Section 25 - Applicant, either wife or husband is entitled to receive from the
spouse for his / her maintenance and support a gross sum or monthly or periodical sum for a term not
exceeding the applicant's lifetime or until he / she remarries or remains chaste.
The Hindu Adoption and Maintenance Act, 1956, Section 18 Hindu wife is entitled to be maintained by
her husband during her lifetime. Wife also has a right to separate residence and maintenance if any of
the condition in section 18 (2) [desertion, cruelty, leprosy, any other wife / concubine living in the same
house, conversion of religion or any other reasonable cause) is fulfilled until she remains chaste or does
not convert to other religion. It may also be noted that Section 19 of this Act makes a provision for a
widowed wife to be maintained by her father - in law.

Criminal Procedure Code 1973, Section 125 - This section provides for maintenance not only to the wife
but also to child and parents. Court may order a husband who has sufficient means but neglects or
refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to her.
However, wife shall not be entitled to receive maintenance if she is living in adultery, or refuses to live
with husband without any sufficient reasons, or living separately with mutual consent.

The Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 - A divorced Muslim woman
is entitled to a reasonable and fair provision and maintenance to be paid to her within the iddat period
by her former husband; an amount equal to the sum of mahr or dower agreed to be paid to her at the
time of her marriage or at any time thereafter according to Muslim law; and all the properties given to
her before or at the time of marriage or after her marriage by her relatives or friends or the husband or
any relatives of the husband or his friends. If husband fails to provide her the above mentioned then
Magistrate can order for payment of the same.

Parsi Marriage and Divorce Act, 1936, Section 40 - A Parsi husband or wife may apply to the Court under
this section whereupon the Court at the time of passing any decree under the Act or anytime
subsequent thereto order that the defendant pay the plaintiff a gross or monthly sum for his / her
maintenance and support. Such order may also be modified subsequently if the Court is satisfied that
change in circumstances warrants so. The order may also be rescinded or modified if the party in whose
favor the order was made remarries; or in case of wife, she does not remain chaste; or in case of the
husband, he has sexual intercourse with any woman outside the wedlock

Special Marriage Act, 1954, Section 37 - This section is also similar to Section 40 of the Parsi Marriage
and Divorce Act. The difference being that under this section maintenance may be claimed only by a
wife against the husband from a court exercising jurisdiction under Chapters V or V1 of the Act. An
order made under this section may be modified or rescinded by the district court at the instance of the
husband if it is shown that the wife has remarried or is not leading a chaste life.

Divorce Act, 1869, Section 37 - This section empowers the district court to order the husband to secure
a reasonable gross sum to the wife or annual sum not exceeding her lifetime when a decree of
dissolution or decree or judicial separation is obtained by the wife. While passing such order, the court
may have regard to fortune of the wife, ability of the husband and conduct of the parties. The court
may also order the husband to pay such monthly or weekly sum to the wife for her maintenance as the
court may think reasonable. If subsequently, the husband becomes unable to make such payments, the
court may discharge or modify such order.

CASES

Maintenance defined
Maintenance includes – (I) in all cases, provisions 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, Section 3 (b), Hindu Adoption and Maintenance Act, 1956

Maintenance necessarily must encompass a provision for residence. Maintenance is given so that the
lady can live in the manner, more or less, to which she was accustomed. The concept of maintenance
must, therefore, include provision for food and clothing and the like and take into account the basic
need of a roof over the head, Mangal Mal v. Punni Devi,

Sustenance defined

maintenance of wife for her 'sustenance does not mean animal existence but signifies leading life in a
similar as she would have lived in the house of her husband. Husband is duty bound to enable his wife
to live life with dignity according to their social status and strata, Bhuwan Mohan Singh v. Meena,

Wife defined

"Wife" Includes a woman who has been divorced by or has received a divorce from, her husband and
has not remarried, Section 125 (1) Explanation (b), CrPC 1973. "Wife" in Section 125 CIPC means a
legally wedded wife and also includes a divorced wife, D. Velusamy v. D. Patchaiammal,

Maintenance only to legally wedded wife

Only a legally wedded wife is entitled to maintenance. A Hindu woman marrying a Hindu male having a
living wife, is not entitled to maintenance as this marriage is void. Yamunabai Anantrao Adhav v.
Anantrao Shivram Adhav,

Maintenance to previous wife

A Muslim husband contracting another marriage or taking a mistress is liable to pay maintenance to the
previous wife who also has right to live separately which is payable from the date of the other marriage.
Irrespective of religion, husband cannot absolve his liability by offering to take back the wife and
maintain her, Begum Subanu v. A.M. Abdul Gafoor.

Maintenance to second wife

husband who conceals subsistence of his earlier marriage while marrying the second wife is entitled to
give maintenance to second wife. Second wife is to be treated as a legally wedded wife for the purpose
of maintenance, Badshah v. Urmila Badshah Godse,

Wife living separately with mutual consent 'does not include divorced wife

The meaning of' wife 'under Sections 125 (1) and 125 (4) CrPC is different. Section 125 (4) contemplates
a married woman. Wife living separately from husband with mutual consent does not mean wife who
obtains divorce by mutual consent and lives separately and therefore cannot be denied maintenance on
this ground. Vanamala v. H.M. Ranganatha Bhatta,

Is an earning wife entitled to maintenance?

Wife having a school of her own and possessing wet lands is in a better financial position than husband
who is not doing well in his profession and has no land. Hence, it is unnecessary to pay any
maintenance to the wife, Rosy Jacob v. Jacob A. Chakramakkal

Wife's income to be accounted for determining maintenance Wife's income has to be taken into account
while determining the amount of maintenance payable to her. It is not an absolute right of a neglected
wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances,
Bhagwan Dutt v. Kamla Devi.

Maintenance to woman in a live - in relationship

The Supreme Court expressed its opinion that a broad interpretation of "wife" should include cases
where man and woman live together as husband and wife for a reasonably long period of time (live - in
relationship / presumed marriage / de facto marriage / cohabitation). A strict proof of marriage should
not be a precondition for maintenance under S. 125 CrPC so as to fulfill the true spirit and essence of the
beneficial provision of maintenance, Chanmuniya v. Virendra Kumar Singh Kushwaha. "(This judgment
has however been referred to a larger bench).

Recently, it is held that a woman in a live - in relationship has an efficacious remedy to seek
maintenance under protection of women from the Domestic Violence Act, 2005 even if it is assumed
that she is not entitled to the same under Section 125 CIPC. In fact, under the Domestic Violence Act,
the victim would be entitled to more relief than what is contemplated under Section 125 CrPC, Lalita
Toppo v. State of Jharkhand. "

Woman knowingly entering in a live - in relationship with a married man

All live - in relationships are not relationships in the nature of marriage. There has to be some
inherent / essential characteristic of marriage though not a marriage legally recognized. A live - in
relationship between an unmarried woman knowingly entering into a relationship with a married male
cannot be termed as a relationship in the nature of marriage and her status would be that of a
concubine or mistress and therefore is not entitled to maintenance, Indra Sarma v . V.K.V Sarma,

Muslim woman entitled to maintenance under CrPC

A divorced Muslim woman has right under Section 125 CrPC to claim maintenance even beyond the
iddat period. If the woman is able to maintain herself then the liability of husband to maintain her
ceases with the expiration of iddat period. However, on the inability of carrying herself, she can take
recourse of that section. Section 125 has an overriding effect on personal law in case of conflict
between the two. Mohd. Ahmed Khan v. Shah Bano Begum.

"Divorced Muslim woman can claim maintenance from State Wakf Board

A divorced Muslim woman unable to maintain herself can directly claim maintenance from the State
Wakf Board in the first instance under Section 4 of Muslim Women (Protection of Rights on Divorce) Act,
1986 and in The same proceeding can plead inability of her relatives to maintain her. Relatives can be
added as parties to the litigation if they have enough means to pay maintenance, TN Wakt Board v. Syed
Fatima Nachi,

Husband to make fair provision and maintenance within iddat period for ex - wife's whole life
Section 3 (1) (a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 makes husband liable to
make a reasonable and fair provision and maintenance to divorced Muslim wife on or before the
expiration of the iddat period. However, this maintenance is not limited only for the iddat period but
extends to her whole life unless she remarries. Husband is obliged to provide a reasonable and fair
provision in addition to maintenance to contemplate the future need of ex wife. Danial Latifi v. Union
of India,

Maintenance not restricted to iddat period

A divorced Muslim wife is entitled to maintenance not merely until the completion of the iddat period,
but for her entire life unless she remarries. Sabra Shamim v. Maqsood Ansari,