THE LAWS FOR MAINTENANCE IN INDIA

The maintenance and the procedure are defined under various statues and their sections. They are:

• Section 125 of Criminal Procedure Code, 1973
• Section 24 of the Hindu Marriage Act, 1955
• Section 18 of the Hindu Adoption and Maintenance Act, 1956
• Other personal laws in India

THE CRIMINAL PROCEDURE CODE

Section 125 of Criminal Procedure Code, 1983, (CrPC) explains the term and procedure of maintenance for the wife, children, and parents of a man. In a separation or divorce case, a court may order a husband who has adequate means of earning, to his wife, if she is unable to maintain herself and earn, to layout maintenance to her, either monthly or annually or in a lump sum amount. However, the wife is not entitled to the maintenance if she is residing in adultery, or turns down to live with the `husband with any unreasonable cause, or living separately with mutual consent.

 THE HINDU MARRIAGE ACT, 1955

Section 25 of the Hindu Marriage act, 1955, describes the maintenance as in such cases, the court may order either the husband or the wife is entitled to layout maintenance in either a lump sum amount or annually or monthly for the lifetime.

HINDU ADOPTION AND MAINTENANCE ACT, 1956

According to Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife, who is born as a Hindu, is entitled to get maintenance by her husband during her throughout her lifetime. Under the act, the wife also has a right of separate residence and maintenance, in any of the conditions defined under section 18(2) of the Hindu Adoption and Maintenance Act, 1956 ( Cruelty, desertion, leprosy, adultery, forceful conversion of religion, or any reasonable cause). However, she is not entitled to any kind of maintenance if she is unwilling to the consummation of the marriage, or converted willingly. Meanwhile, Section 19 of the act says that a widowed woman is entitled to maintenance by her father-in-law.

MAINTENANCE UNDER PERSONAL LAWS IN INDIA

MUSLIM LAW

Under Muslim law, a wife is entitled to get maintenance from her husband under the Muslim Women (Protection of Rights on Divorce) Act; it has been amended now.

Under the laws, the amount of Mehr agreed at the time of marriage has to be given to the wife. Also, during her Iddat period, she is entitled to get a fair and reasonable amount as maintenance.

If a Muslim woman gets a divorce and is unable to maintain herself, after the Idaat period, the Judicial Magistrate can pass an order to her relatives, who will pay deemed fit maintenance to her, will inherit her property.

In case the relatives of the woman are not able to pay the maintenance, the Judicial Magistrate can order to pay the same to the State Wakf Board established under the Wakf Act, 1995.

CHRISTIAN LAW

 A divorced Christian woman is entitled to get maintenance under The Indian Divorced Act, 1869. She can apply for maintenance in a lower court or a high court under section 37(41) of the Indian Divorce Act, 1869. Under the act, the husband is liable to pay to his wife for a lifetime.

PARSI LAW

Under the Parsi Marriage and Divorce Act, 1963, a Parsi woman is entitled to get maintenance, mentioned in Section 40 of the act. Under the section, a court can order the husband to pay one-fifth of his net income as a maintenance to his wife. However, there are some factors that are been considered by the court. i.e., the husband’s capacity to pay, property, and other assets the wife own and personal conduct of both the husband and the wife.

It is worth noticing that a wife is entitled to get maintenance for her lifetime only if she remains unmarried and chaste after the divorce.