Maintenance is a support to a woman by the husband in the for of financial support when the woman is unable to maintain herself financially, pre and post divorce. Generally maintenance is paid by the husband to her wife on a monthly basis or in lumpsum to make the wife avail basic need of her life such as food, stay, clothing for herself and her children. The maintenance is ordered as per the social status of both the husband and wife and there is no fixed amount of maintenance provided in law and it always varies case to case.

Who can claim Maintenance under Hindu Law

Under the various provisions of Hindu law maintenance is a right provided to a wife, daughter-in-law, children, older parents and other dependents who are unbale to maintain themselves. Merely because either of these persons are earning a meager amount does not effect their right to claim maintenance. What is considered while deciding the quantum of maintenance is, the income of wife, income and property of husband, their expenses. There are two types of maintenance which can be claimed and ordered by the court are as follows:-

ð Interim Maintenance- Maintenance Pendente Lite is awarded by a court during the pendency of a petition filed by the wife, from the day the maintenance petition is filed by the wife which includes the day today expenses as well as the legal expenses incurred during this petition.

ð Permanent Maintenance- Permanent maintenance is paid to the wife by her husband in the event of divorce and it is determined through maintenance petition. This type of maintenance could be awarded in lumpsum or on monthly basis.

There are certain circumstances when the wife is not entitled for maintenance which includes when she ceases to be a Hindu by converting to another religion, she is guilty of adultery, and she has remarried after her divorce. The maintenance is calculated under the provisions of section 23 of Hindu Adoption and Maintenance Act, 1956 and various factors are considered while calculating this. Broadly what is considered while deciding the maintenance are the position and status of both husband and wife, their claim for maintenance, whether wife is living separately with a justifiable cause, wife’s total property and income, husband’s total property and overall income, their dependents and their requirements and the personal expenses of the husband, reasonable needs, status of parties, independent income of both the spouses, their lifestyle, liabilities of the spouse providing maintenance.

How to claim maintenance:-

  To claim maintenance, wife or such other person may file a claim petition under section 125 CRPC and the wife can file the maintenance under other provisions such as under THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 and Hindu Marriage Act, 1955. The maintenance petition is filed before the court of Magistrate having jurisdiction of that area containing all the facts and circumstances of the case and remedy as claimed. The claim petition is supported by an affidavit of the party filing the petition. the petition is also required to be supported by all the necessary documents. These documents must include the income documents of both the parties.

Landmark Case laws on maintenance:-

·        Neha Tyagi v. Lieutenant Colonel Deepak Tyagi (2021)

·        Rajnesh v. Neha (2020)

·        Lalita Toppo v. the State of Jharkhand and Anr (2018)

·        Jaiminiben Hirenbhai Vyas & Another v. Hirenbhai Rameshchandra Vyas & another (2015)

·        Manoj Yadav v. Pushpa @ Kiran Yadav (2011)

·        Bhabani Prasad Jena Etc. v. Convenr.Sec.Orissa S.Comn (2010)

·        Bhushan Kumar Meen v. Mansi Meen @ Harpreet Kaur (2009)

·        Anu Kaul v. Rajeev Kaul (2009)

·        Chaturbhuj v. Sita Bai (2007)

·        Rohtash Singh v. Smt. Ramendri (2000)

Share this News