Grounds of Maintenance for Wife under Section 125 of CrPc (Irrespective of religion):

Upon divorce(either monthly, in one sum full and final, or across a fixed period of time)

Even during divorce Proceedings,Interim Maintenance(Pendente Lite) can be sought and granted by
the Court

When can Maintenance be abdicated from wife:

In case she has committed adultery

Without sufficient reason refuses to live with her husband

If she remarries, after the date of her divorce

If husband and wife are living separately by mutual consent, even in that situation wife is
not entitled to claim any such maintenance.

Can a wife be refused Maintenance:

In Shah Bano Case, it was upheld even though there was intense pressure from the side of Muslim
Personal Law Board to follow the Persoanl Law which provides for Maintenance only during the
Iddat period of three months after dissolution of the marriage

The Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPRDA, 1986)
seemed to overrule the Supreme Court’s decision in Mohd. Ahmed Khan v. Shah
Bano Begum. Pursuant to a prima facie reading of the MWPRDA, 1986, a Muslim
husband was responsible to maintain his divorced wife only for the iddat period
and after such period the onus of maintaining the woman would shift on to her
relatives. The matter resurfaced before the Supreme Court in Danial Latifi v.
Union Of India when the constitutional validity of the MWPRDA, 1986 was
challenged on the grounds that the law was discriminatory and violative of the
right to equality guaranteed under Article 14 of the Indian Constitution as it
deprived Muslim women of maintenance benefits equivalent to those provided to
other women under Section 125 of Criminal Procedure Code, 1973. Further, it
was argued that the law would leave Muslim women destitute and thus was
violative of the right to life guaranteed under Article 21 of the Indian
Constitution. The Supreme Court, on a creative interpretation of the MWPRDA,
1986, upheld its constitutionality. It held that a Muslim husband is liable to make
reasonable and fair provision for the future of his divorced wife extending
beyond the iddat period. The Court based this interpretation on the word
“provision” in the MWPRDA, 1986, indicating that “at the time of divorce the
Muslim husband is required to contemplate the future needs [of his wife] and
make preparatory arrangements in advance for meeting those needs” (at 11).
This case is important because, it established for the first time that a
Muslim husband’s liability to provide maintenance to his divorced wife
extends beyond the iddat period, and he must realize his obligation
within the iddat period, thereby striking a balance between Muslim
personal law and the Criminal Procedure Code, 1973.
https://www.law.cornell.edu/women-and-justice/resource/danial_latifi_v_union_of_india

Hasin Jahan Vs Mohammad Shami- She asked for a monthly maintenance of 10 lakh rupees but that
was refused by the Alipore Court. However the Maintenance for daughter was upheld.

Amount of Maintenance to be provided:

1. No separate source of income. The most important factor to be

considered before granting maintenance or alimony is to check
whether the spouse seeking maintenance has any separate source
of income or not or  is solely dependant on the income of his/her
spouse.
2. Standard of living of both the litigating parties before separation.
3. Expenses required to maintain children.
4. Requirement to maintain the same standard of living of the spouse
as it was before the separation.
5. Skills, capabilities and educational background of the spouse to earn
his/her living and maintain themselves etc.
6.

7. The Supreme Court has set a benchmark for maintenance to be  ..25percent of ex husbands Net Salary-April
2017 judgement:

http://timesofindia.indiatimes.com/articleshow/58288399.cms?
utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

8.The Wife can also owe Maintenance to her Husband:

 The Muzaffarnagar Family Court in Uttar Pradesh has
ordered a wife to give her husband monthly maintenance of
Rs 2,000. The husband is a tea seller, in dire straits, while
the wife is a retired worker of the Army.
A Delhi court had ordered a businesswoman to pay alimony every
month to her husband who is struggling with poverty. The court had
also ordered the woman to hand over one of her four cars to the
husband. Later, this decision of the lower court was also upheld by
the Delhi High Court.  Rani Sethi v/s Sunil Sethi
Taxability of Maintenance Amount:

In case of a lump sum payment of alimony:

Here, the alimony is treated as a capital receipt, and therefore, the
provisions of the Income Tax Act, 1961 do not apply. Hence it is not treated
as income and is not taxable.

In case of recurring payments of alimony:

Alimony, in this case, is considered as a revenue receipt. Therefore, it is
treated as income that is taxable in the hands of the recipient.
Nevertheless, it needs to be noted that the person who makes the payment
of alimony may not claim any sort of deduction against the same.

Taxation on assests earlier to divorce transferred as gifts is also taxable

Maintenance in Indian Laws-https://blog.ipleaders.in/can-a-parent-claim-maintenance-from-a-child/

Hindu Adoption and Maintenance Act, 1956, Section 20 – A Hindu male or female is bound
to maintain his or her legitimate/illegitimate minor children and aged/infirm parents. Aged or
infirm parent (which includes childless stepmother) or unmarried daughter have to be
maintained if they are unable to maintain themselves. Section 23 sub-section (2) states that
while determining the amount of maintenance to be awarded to children or aged or infirm
parents, the court shall consider the following:
(a) position and status of the parties; (b) reasonable wants of the claimants; (c) if the claimant
is living separately, whether the claimant is justified in doing so; (d) claimants income and
value of property held by him, if any; etc.
If a person ceases to be a Hindu (changes his religion), he/she cannot claim maintenance
under this Act [Section 24]. The amount of maintenance may be modified if there is a change
in circumstances warranting so [Section 25].
 Maintenance and
Who is liable to pay Maintenance?
Welfare of Parents and Senior Citizens,2007
Adult Children in case of Parents and adult grandchildren in case of
grandparents, both male and female, are responsible/liable to pay
maintenance to parents and grandparents.

If in case the parents or senior citizens don’t have any children or

grandchildren, they can claim maintenance from their relatives. The
conditions under which parents and senior citizens can claim maintenance
from relatives are as follows:

1. The relative must be a major.

2. The relative should have sufficient means to provide maintenance.
3. The relative should either be possessing the property of the senior
citizens or they will inherit the property after the death of senior
citizen.
4. In case there are more than one relative, who are likely to inherit the
property of the senior citizen, then maintenance must be paid by
relatives in proportion to their inheritance of the property.

Maintenance and Welfare of Parents and Senior

Citizens (Amendment) Bill, 2018
The government brought the Maintenance and Welfare of Parents and Senior
Citizens (Amendment) Bill, 2018 by which the government has tried to
expand the ambit of social security for the elderly people by:

1. Making distant relatives responsible for their maintenance,

2. Increasing the amount of fine payable and the period for imprisonment
for abandoning parents. Now the imprisonment would be upto six
months with a fine upto Rs. 10,000 or both.
3. The most important change brought in by the government is removing
the financial cap of Rs. 10,000 for the maintenance of parents.
 However, it is felt that while removing this cap is adequate for the rural
areas or small towns but it is inadequate in bigger/metropolitan cities.
4. The definition of “children” has been expanded under the amendment
bill to include daughter-in-law and son-in-law. This means that, so far,
a daughter, son, grandson or granddaughter was responsible for the
care of parents and senior citizens. But from now on, even the
daughter-in-law and son-in-law, a minor through its guardian or a
relative of a childless elderly would be held responsible for their care.

Maintenance under Section 125 of Code of

Criminal Procedure
Section 125(1)(d) of the Code of Criminal Procedure discusses about the
maintenance for parents to be provided by children. The section states that
“If any person having sufficient means neglects or refuses to maintain his
father or mother, unable to maintain himself or herself, a magistrate of the
first class may, upon proof of such neglect or refusal, order such person to
make a monthly allowance for the maintenance of his wife or such child,
father or mother, at  such monthly rate not exceeding five hundred rupees in
the whole, as such Magistrate thinks fit, and to pay the same to such person
as the Magistrate may from time to time direct”.

Section 20 of The Protection of Women from Domestic Violence Act, 2005

also provides for monetary relief or maintenance to wife
https://indiankanoon.org/doc/485875/

Who is liable to pay maintenance

Section 125 of Cr.P.C states that both mother and father, whether natural or
adoptive( The Bombay High Court in Baban Alias Madhav Dagadu Dange v.
Parvatibai Dagadu Dange ) , can claim maintenance from any of their
children. Under Section 125 even daughters are liable to pay maintenance to
her mother and father. In case of step mother(in Kirtikant D. Vadodaria v.
State of Gujarat and Ors.), she can claim maintenance only if she is a widow
and doesn’t have any natural-born sons or daughters. Married daughters are
also liable to pay maintenance to parents if they are solely dependant on her.

Conditions required for claiming maintenance

1. Father or mother must be unable to maintain himself or

herself: By giving a plain meaning to the language used in section
125(1)(d), it seems that there are only two circumstances under which
parents can claim maintenance, which are as follows:
 The parents must be unable to maintain themself
 The person against whom an order under Section 125 of Cr.P.C is
passed by the court must have sufficient means/resources to maintain
his/her parents and yet neglects or refuses to maintain them.

2.Difference between Section 125 of Code of

Criminal Procedure and The Maintenance
and Welfare of Parents and Senior Citizens
Act, 2007
There is a considerable difference between the two acts. Some of these
differences are discussed below in the table:

Maintenance under Section 125 of Code of Maintenance under Maintenance and Welfare of
Criminal Procedure Parents and Senior Citizens Act, 2007

Under Maintenance and Welfare of Parents and Senior

There is no provision for maintenance of
Citizens Act,  a childless senior citizen can claim
senior citizen who is without child.
maintenance.

In the Maintenance and Welfare of Parents and Senior

In Cr.P.C, only the Magistrate has the power to
Citizens Act, 2007 the power is given to the
decide the case.
maintenance tribunal to decide the case.

Under the Welfare of Parents and Senior Citizens Act,

Under Cr.P.C, proceedings are time
2007 there is a specified time limit of 90 days under
consuming.
which the proceedings should be concluded.

In the maintenance proceedings under Cr.P.C, In the maintenance proceedings under Maintenance and
an advocate can represent his/her client in Welfare of Parents and Senior Citizens Act, 2007
 proceedings before the magistrate. participation of an advocate is barred.

Cr.P.C provides a restrictive definition of The Maintenance and Welfare of Parents and Senior
parents. Citizens Act, 2007 act provides for a broad definition.  

Obligation of children to maintain their parents

under Personal Laws

Hindu Adoption and Maintenance Act, 1956

The Hindu Adoption and Maintenance Act, 1956 Section 20,is the first
personal law statute in India, which imposes an obligation on the children
both sons and daughters including married daughters (illegitimate or
legitimate children)who are capable to maintain their parents.

Muslim Law

1. The children are bound to maintain their parents only if they are
financially sound and the parents are poor. In other words, only those
parents who are in need are entitled to get maintenance from their
children.
2. Both the son and daughter have equal duty to maintain their parents.
Christian and Parsi Law
The Christians and Parsis have no personal laws providing for
maintenance for the parents. Parents who seeks maintenance from
their children have to apply under provisions of the Code of Criminal
Procedure or Maintenance and Welfare of Parents and Senior Citizens
Act.

The Supreme Court, in Kalyan Dey Chowdhury vs Rita Dey Chowdhury, has upheld a
Calcutta High Court observation, which by relying on a judgment of the

https://www.livelaw.in/25-husbands-net-salary-just-proper-awarded-maintenance-
wife-sc/