MEANING OF MAINTENANCE
Maintenance as per the concept of law is considered as a financial assistance given to the aggrieved party who is under a reasonable need of that financial assistance. It is claimed by an application made by one of the litigating parties by moving an application in the competent court. It is financial assistance which is to support the aggrieved party to reduce the financial burden. The purpose behind this provision is to provide the same standard of living to the other spouse as it was before the proceedings or separation. There are several provisions where a woman is entitled to maintenance under the Indian law which are listed down below.
1. TYPES OF MAINTENANCE UNDER HINDU MARRIAGE ACT,1955
A. Section 24, Temporary Maintenance (obligation to maintain wife or husband)
It is referred to a maintenance that is been provided to the aggrieved party during the pendency of the trial. Hence such type of maintenance is called Maintenance Pendente lite.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 under section 24 of Hindu Marriage Act,1955.
B. Section 25, Permanent Maintenance (obligation to maintain wife or husband)
It refers to granting a permanent sum to the aggrieved party on monthly or periodical basic for a sum not exceeding the life of the applicant. This maintenance is provided under section 25 of the Hindu Marriage Act ,1955. Section 25 (3) under this section the maintenance shall be revoked if When the person in whose favor the order has been passed as re-married. When the person in whose favor the order has been passed is wife and she does not remain chaste. When the person in whose favor the order has been passed is a husband and it is disclosed that he had sexual intercourse with another woman outside the Wedlock.
2. MAINTENANCE UNDER 125 CrPC (obligation to maintain wife, children and parents)
Maintenance under the criminal procedure code is the order to maintain the wife, children and parents who are unable to maintain themselves. It includes both legitimate and illegitimate children, an unmarried daughter who is unable to maintain herself. But where the wife is living separately without any sufficient ground or is living in adultery or if the said couple is mutually separated then the wife is not entitled to any maintenance and is entitled to settlement.
3. MAINTENANCE UNDER SECTION 18 OF HINDU ADOPTION AND MAINTENANCE ACT
The Hindu husband owes it to his wife to support her throughout her life. Maintenance is a personal/legal requirement. It is an incident of status, estate, or marriage. Section 3 (b) of the Act defines the term “maintenance” as “provision for food, clothing, residing, education, and medical treatment in all cases” and “reasonable expenses of an incident to her marriage” in the case of an unmarried daughter.
SECTION 18 OF Hindu Adoption And Maintenance act: Under Hindu Adoption and Maintenance act a wife can claim maintenance from her husband on the similar grounds as mentioned under section 13 of the Hindu Marriage act irrespective of the fact that any divorce proceeding is pending between the parties. A wife can also claim maintenance under this particular section if the parties have adopted any child and if any divorce proceeding is about to take place or is already going on, but it is important to note that is not necessarily only under this section, a wife can claim maintenance if she adopted a child with the husband. She can also claim maintenance under other provisions, but has section 18 of HAMA as a supporting provision.
A wife can also claim maintenance from her husband for a separate residence in the case where she wants a separate residence for herself subject to a reasonable cause such as after the passing of a decree of judicial separation and the wife is unable to maintain herself or if she wants to live separately because of any of the grounds mentioned under section 18. However, a wife cannot ask for a separate residence as maintenance if she is unchaste or she has ceased to be a Hindu.
4. MAINTENANCE UNDER SECTION 20 OF THE PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT, 2005
This statute provides a specific and effective remedy to an aggrieved person who is a victim of domestic violence while living in the same household as the respondent, including the husband. The scope of the legislation is broad because it applies to all women who have been living in a marriage-like relationship. Section 20 of the Act provides for maintenance. While hearing an application under Section 12, the Magistrate may order the respondent to pay monetary relief to cover the aggrieved person’s expenses and losses as a result of domestic violence. The basic requirement for claiming rights under the Act is to cause violence.
5. OVERLAPPING OF MAINTENANCE
In Rajnesh Vs Neha case the Supreme Court Of India highlighted the issue of overlapping of the maintenance and framed guidelines for the same.
6. TABULAR DIFFERENTIATION BETWEEN MAINTENANCE SECTIONS
| SN | SECTION 18, HAMA | SECTION 25, HMA | SECTION 125, CRPC |
| 1. | It is a Hindu law. | It is a Hindu law. | It is a secular law. |
| 2. | Only wife can claim maintenance | Both husband and wife can claim maintenance | Only wife can claim maintenance |
| 3. | No time bar to claim this maintenance under this section | During the pendency of trial and passing of decree | No time bar to claim this maintenance under this section |
| 4. | Wife can claim maintenance and live separately | Wife / husband can claim maintenance but can live separately only after the decree of divorce or judicial separation. | Wife can claim maintenance and live separately |
| 5. | Wife only under a legal marriage can claim maintenance | Wife / husband of both legal/ void marriage can claim maintenance | Wife only under a legal marriage can claim maintenance |