Family Law

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Maintenance of Wife

Presented by
Kuldip Mohan Gundaye
SYLLB- Div : A
Roll No.73
Maintenance in Hindu Marriage Act, 1955

Maintenance as a concept when considered from the point of view of law refers to the kind of financial assistance given to either of the litigating parties on an
application made by them and only through an order passed by the court having jurisdiction to do so and upon execution of decree in this regard

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 economical position gets materially changed on the decree of divorce.
Further, the main purpose of granting maintenance is to maintain the standard of living of the spouse equivalent
to that of the other spouse and in accordance with status prior to the separation. It is granted during the
proceeding of decree or after the decree of divorce and ceases to exist on the death or remarriage of the alimony
holder. The spousal maintenance is determined on the existence of various factors by the court as follows :

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.
Types of Maintenance

* Temporary Maintenance-
It is also referred to as maintenance pendente lite which is awarded by the courts during the continuation
of proceedings of the divorce. The purpose is to meet the necessary and immediate expenses of the spouse who
is a  party to the proceedings. On satisfaction, the court may grant it. Section 24 of Hindu Marriage
Act,1955 deals with this kind of maintenance. Further can be claimed under Section 125(1) of CrPC.

* Permanent Maintenance-
As the term suggests, it refers to the granting of a sum on a  periodical basis or on a continued basis once
the proceedings have been disposed of. Section 25 of Hindu Marriage Act, 1955. Either of a spouse is entitled
to receive it.
Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 initially dealt with the
provisions of granting maintenance. The Hindu Marriage Act was formed in the year 1955 and
 applies specifically on individuals who are Hindus including Sikh, Jains and Buddhists and persons
who come under the ambit of Section 2 of Hindu Marriage Act, 1955. Also children whose either of
a parent is a Hindu, Sikh, Jains or Buddhist and are brought up under the same religion will also be
considered as a Hindu and will be entitled to maintenance.

From the ancient times women have been kept at a disadvantaged position which not only weakens
their stake in the society but also leads to an unequal treatment with them. The Code of Criminal
procedure came into force in the year 1973 and according to Section 125 of this code, maintenance is
granted to wives, children and parents irrespective of any religion or personal laws.
Obligation To Maintain Wife

Section 24 and Section 25 of the said act deals with the provisions of allowing pendente lite and permanent maintenance
respectively. In Dr. Kulbhushan v/s Raj  Kumari and Anr, the court while deciding the amount of maintenance observed
that it is determined based on the facts of each case and declared that if the court enhances or moulds the amount of
maintenance, then such a decision would be justified. It was further held in this case that it would be fair to provide wife
with 25% of husband’s net salary as maintenance.

Under Section 24 of the act if the court considers fit and is satisfied that either wife or husband does not have an
independent income

Further, according to the provisions of Section 25 of the Act, which deals with the granting of alimony on a permanent
basis, the court may on the application made by the respondent
Case Law

Delhi High Court recently in the case of  Rani Sethi v/s Sunil Sethi, ordered wife (respondent) to pay
maintenance to her husband (petitioner) of Rs. 20,000 and Rs.10,000 as litigation expenses. Further
a Zen car was ordered to be given for the use of the petitioner.

Wife on being aggrieved by the same order approached the High Court, where the scope of Section
24 of HMA was construed and it was held that the purpose of this Section to provide support to the
suppose who is incapable of earning his/her independent income

Further  it was held that the term “support” shall  not be construed in a narrow sense and thus, it
includes not only bare subsistence. It aims to provide a similar status as that of the respondent
spouse. Thus, considering all the facts and circumstances, the appeal of wife was dismissed.
Thank you!

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