Professional Documents
Culture Documents
Maintenace
Maintenace
• Wife: The words “Hindu wife” used in Section 18 includes only lawful
wife or legally wedded wife if it does not include wife married during
subsistence of first marriage.
• It is often referred to as “alimony” or a kind of monetary support from the
spouse i.e. spousal assistance. Maintenance on the other hand, is an act of
bearing the financial expenses or reducing the burden of the spouse whose
burden increases and if the husband is wealthy and leading an opulent life,
his wife also has the right to be the partner in his prosperity and live with the
same standards and equal dignity.
• The status of the parents of the wife is a totally irrelevant consideration.
After the marriage, it is the status of the husband which is determinative of
the quantum of Maintenance to be given to the wife.
Types Maintenance
Three types of Maintenance available to husband and wife:
• First 3 types are only Hindus and 4th type if for all religions.
1
Object:
• The object of Sec 24 is to ensure that a party to a proceeding does not suffer
during the pendency of the proceeding by reason of his or her poverty.
• The party standing in need of such relief may be either party.
• It has been laid down that the object behind sec 24 is to provide
financial assistance to the indigent spouse to maintain herself during
the pendency of the proceedings and
• To have sufficient funds to defend or carry on the litigation so that
the spouse does not unduly suffer in the conduct of the case for want
of funds.
Quantum of Maintenance:
2
• Maintenance amount must be sufficient enough to enable the applicant to
contest.
Hema v Lakshmna
• Kerala HC held that it must take into consideration income of the spouses
• The legitimate needs of the claimant having regard to the status of the
parties, family background, the standard of life to which claimant has been
accustomed to
• Legal obligations of the person liable to make the payment other relevant
circumstances.
(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 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 , the conduct of the parties and other
circumstances of the case], it may seem to the court to be just, and any such
3
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].
Mode of payment:
a. Gross sum
b. Monthly sum
c. Periodical sum
Outer limit of payment of maintenance: life of the applicant. Till the death.
This clause states that the court may change or cancel or modification and
rescission of the order for granting maintenance on three conditions: sec
25(2).
4
• Change in circumstances of the parties sec 25(3): three grounds.
1. If the wife has not remained chaste,
2. If the husband has had sexual intercourse with another woman,
3. If either party has re-married.
5
3. Maintenance under Hindu adoption and maintenance act
1956:
1. Maintenance to wife Sec 18
2. Maintenance of widowed daughter-in-law Section 19.
3. Section 20: Maintenance of children (Illegitimate and legitimate,
daughter and illegitimate daughter) and aged parents.
4. maintenance of dependents:
What is Maintenance?
“Maintenance” includes
(i) In all cases, provision for food, clothing, residence, education and medical
attendance and treatment;
(1) Wife,
6
(3) Unmarried daughters,
(2) The father was bond to maintain his minor sons and unmarried daughters.
Under the Hindu Adoption and Maintenance Act, 1956 by way of innovations over
the old law, the illegitimate daughters are also entitled to maintenance from their
father and widowed daughter-in-law can claim maintenance from her father-in-
law.
2. Limited Liability:
The concept of limited liability in relation to certain relations can be studied under
the following sub-titles:
7
The liability arising out of succession binds the heir to provide maintenance to
those dependents of the deceased, whom he was morally and legally bound to
maintain during his lifetime. The reason was simple as such dependents of the
deceased had a right to be maintained out of his property, for example, there was
no personal liability on any Hindu to maintain his sister, but if he inherits property
from his father, he would be bound to maintain her as the father was bound to
maintain her during his lifetime, provided she was unmarried. Similarly, on the
same analogy on inheriting the property a person was bound to maintain his step-
mother and mother-in-law.
There are certain relations such as daughter-in-law and sister-in-law who are
morally entitled to get maintained.
8
b. That the concubine lives in the same house in which the married wife
lives; or that the husband habitually resides with the concubine
elsewhere.
6. Ceased to be Hindu by conversion sec 18 (2) (f);
7. Any other causes. sec 18 (2) (g);
Wife when not entitled to separate residence and maintenance: - sec 18(3).
(1) A Hindu wife, whether married before or after the commencement of this
Act, shall be entitled to be maintained after the death of her husband by her
father-in-law:
PROVIDED and to the extent that she is unable to maintain herself out of
her own earnings or other property or, where she has no property of her own,
is unable to obtain maintenance-
9
(a) from the estate of her husband or her father or mother, or
(2) Any obligation under sub-section (1) shall not be enforceable if the
father-in law has not the means to do so from any coparcenary property in
his possession out of which the daughter-in-law has not obtained any share,
and any such obligation shall cease on the re-marriage of the daughter-in-
law.
1. She is able to maintain herself out of her own earnings or other property;
2. She is able to obtain maintenance from the estate of her husband.
3. She is able to obtain maintenance from the estate of her father.
4. She is able to obtain maintenance from the estate of her mother; or
5. She is able to obtain maintenance from son; or
6. She is able to obtain maintenance from her daughter; or
7. She is able to obtain maintenance from the estate of her daughter; or
8. If the father in law has no coparcenary property in his possession out of
which she has not obtained a share; or
9. If she has remarried: or
10. If she ceased to be Hindu by conversion to some other religion.
C. Section 20: Maintenance of children (Illegitimate and legitimate,
daughter and illegitimate daughter) and aged parents.—
11
(iv) his or her son or the grandson or great grandson, so long as he is in minor,
provided and to the extent that he is unable to obtain maintenance, in the case of a
grandson from his father’s or mother’s estate, and in the case of a great grand-son,
from the estate of his father or mother or father’s father or father’s mother.
(v) His or her unmarried daughter or the unmarried granddaughter or the unmarried
great granddaughter, so long as she remains unmarried, provided and to the extent
that she is unable to obtain maintenance, in the case of a grand-daughter from her
father’s or mother’s estate and the case of a great-grand-daughter from the estate
of her father or mother or father’s father or father’s mother.
(vi) his widowed daughter, provided and to the extent that she is unable to obtain
maintenance –
(a) from the estate of her husband, or
(c) from her father-in-law or his father or the estate of either of them.
(vii) any widow of his son or grandson, so long as she does not remarry provided
and to the extent that she is unable to obtain maintenance from her husband’s
estate, or from her son or daughter, if any, or his or her estate, or in the case of a
grandson’s widow, also from her father-in-law’s estate.
(viii) His or her minor illegitimate son, so long as he remains a minor.
(ix) His or her illegitimate daughter, so long as she remains unmarried.
1) Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are
bound to maintain the dependants of the deceased out of the estate inherited by
them from the deceased.
12
(3) The liability of each of the persons who takes the estate shall be in proportion
to the value of the share or part of the estate taken by him or her.
(d) the value of the claimant’s property and any income derived from such
property, or from the claimant’s own earnings or from any other source;
(a) the net value of the estate of the deceased after providing for the payment
of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the
dependant;
(c) the degree of relationship between the two;
13
(d) the reasonable wants of the dependant;
(e) the past relations between the dependant and the deceased;
(f) the value of the property of the dependant and any income derived from
such property, or from his or her earnings or from any other source;
(g) the number of dependants entitled to maintenance under this Act.
Case laws:
In Badshah v. Urmila Badshah Godse . (2013): the Supreme Court of India
explained the justification for granting maintenance by stating that
Propose of maintenance:
14
A father’s duty and responsibility to keep his child until they reach the age of
majority cannot be excused. It is also undeniable that the child has a right to be
cared for in accordance with his father’s position.
1. After reviewing the facts and arguments offered, the Supreme Court
concluded that the respondent’s duty and responsibility to maintain his son
until he reaches the age of majority cannot be relieved. A child should not
be made to suffer because of a disagreement between husband and wife.
The father’s duty and responsibility for the child’s maintenance remain
until the child reaches the age of majority. It is likewise unarguable that
the son has a right to be maintained in the same manner as his mother.
2. It has been stated that the mother is unemployed. As a result, regardless of
the decree of dissolution of the marriage between the appellant-wife and
the respondent, a reasonable/sufficient sum is necessary for her son’s
maintenance, including his schooling, which must be provided by the
respondent.
3. In light of the foregoing reasons indicated above, the current appeal was
dismissed by affirming the divorce/dissolution of marriage decree entered
15
between the appellant-wife and the respondent-husband. However, the
respondent-husband is ordered to pay the appellant Rs.50,000/- per month
beginning in December 2019 for the support of his kid, based on the
respondent’s current condition.
16
concerned court must rule on interim maintenance within four to six
months.
3. The Court acknowledged that there was no straitjacket formula to calculate
the quantum of maintenance. The Court noted that the same should
balance the applicant spouse’s interests with the responding spouse’s
financial competence. The Court outlined considerations to examine when
determining the amount of maintenance to be paid. The following items
were included on the list, namely,
4. The Supreme Court noted that in the past, courts have utilised a variety of
criteria to determine when maintenance should be paid to the applicant,
including the date the application was filed, the date of the court order, and
the date the respondent received the notification. After considering each of
these cut-off dates, the Apex Court in the present case determined that
awarding maintenance from the date of the application’s submission would
be in the applicant’s best interests.
5. The Court devised three techniques to address the challenges of
implementing maintenance orders. First, the maintenance orders might be
implemented in the same way as a civil court decision would, with the
court having civil detention, property attachment, and other powers.
Second, the court may dismiss the respondent’s defence. Finally, the court
has the authority to begin contempt proceedings. Any of these tools might
be used by the court to enforce maintenance orders.
17