Maintenance & Its Types Under Various Sections

What is Maintenance?

Maintenance is a law under which a person, who is unable to maintain herself/himself for survival, takes financial help from his Guardian legally. The amount given by Guardian is called Maintenance. Wife can seek maintenance from her Husband, Children from Father, old parents from son or handicapped husband can seek maintenance from his wife.

Types of Maintenance

Add Maintenance

We can understand this through an example. Wife has filed maintenance case on husband. During the proceedings, Wife is able to prove that she is unable to maintain herself on her own. In this situation, in first or second hearing, without any arguments Court will grant add maintenance to wife from husband’s side. Before the Judgment of the matter, wife will start getting add maintenance from husband. This is the power of Judge where they can put add maintenance on the party whether it is a Women Cell or Family Court.

Interim Maintenance

If the Court does not grant add maintenance in the first or second hearing, then after some time Complainant files an application for Interim maintenance in Court. Here, Complainant can prove that he/she is unable to bear his/her own expenses. Court will look into the matter from both sides of parties. If Court finds it right, then Court will grant Interim maintenance in favor of the complainant till the time proceedings are going on. Opposite party is bound to pay Interim maintenance till the time of Proceedings only. In the case of Interim maintenance, Opposite party can file for Revision order In Higher Court.

Maintenance

This includes final judgment by Court of the Maintenance Case. In Most of the cases, an amount is fixed by Court to be paid monthly by the husband to his wife as Maintenance.

Section 125 CrPC

Under this section any male person who is efficient enough to bear the expenses of his wife, his parents or his children, provides maintenance to the opposite party. Complainant may complain that he/she is jobless or facing financial crisis or facing difficulty in raising children etc.

Following are the conditions in which maintenance can be given under this section:-

• In case if the Husband is Muslim and has more than one wife, he will pay maintenance to all his legal wives under this section.
• If Husband is jobless or not capable of earning, his wife is liable to pay him maintenance.
• Mother or Father will pay maintenance to his/her child below the age of 18 years whether legitimate or illegitimate.
• Mother or Father will pay maintenance to his/her child below the age of 18 years whether legitimate or illegitimate, (excluding married daughter) who is physically or mentally not efficient to earn for his/her own livings.
• Mother or father will pay maintenance to his/her girl child below the age of 18 years & who is married before 18 years and whose husband is not able to earn for their livings.
• Father will pay maintenance to his daughter till the time she is unmarried even if she is above the age of 18 years.
• Mother or Father will pay maintenance to their son if he is married & is below the age of 18 years.
• Mother or Father will pay maintenance to their adopted son if he is below the age of 18 years.
• Son or daughter will pay maintenance to their parents who are old, disabled, have no source of income or have very less amount of income.

Following are the conditions in which maintenance cannot be given under this section:-

• In case of Hindu Husband, if his first wife exists, the second wife cannot claim for maintenance.
• Wife who is living in adultery cannot claim for maintenance.
• If wife has deserted husband without any reasonable cause, she cannot claim for maintenance.
• If after fixing up of maintenance, wife still denies living with husband & leaves him willfully, is not eligible for maintenance.
• An adult married daughter & an adult son cannot seek for maintenance from his father.

Maintenance under Domestic Violence Section 12

Women who are physically or mentally harassed by any other women or men in her domestic relation can seek for maintenance under this section if she is not able to maintain herself.

Conditions in which maintenance can be given in section 12

• Wife can claim maintenance from his Husband; he may be of any religion.
• Wife can claim maintenance for her minor children or adopted children under this section.
• Mother can claim maintenance for her son or daughter or adopted kids under this section.
• Unmarried daughter can claim maintenance from his father or mother under this act.

Conditions in which maintenance cannot be given in Section 12

• Wife is working and having same amount of income as of husband, cannot seek for maintenance under this section.
• In case of Hindu Husband, second wife cannot claim for maintenance when first wife exists.
• Wife who is living in adultery cannot claim for maintenance.
• Wife has deserted husband without any reasonable cause, she cannot claim for maintenance.
• After Compromise, if wife is still living separately from his husband, she cannot claim for maintenance.
• If after fixing up of maintenance, wife still denies living with husband & leaves him willfully, is not eligible for maintenance.
• Major married daughter cannot claim for maintenance from her parents under this act.
• Efficient mother cannot claim for maintenance from her son or daughter in law under this section.

Maintenance under HMA

Any women can claim for interim maintenance under section 24 from her husband. After the judgment in favor of wife u/s 24, wife can claim for permanent alimony from her husband u/s 25.

Conditions in which a wife cannot claim for maintenance in HMA

• If wife is earning equal to her husband, she cannot claim for maintenance.
• Wife who is living in adultery cannot claim for maintenance.
• In case of Hindu marriage, Second wife cannot claim for maintenance when first wife exists.
• Wife has deserted husband without any reasonable cause, she cannot claim for maintenance.
• After Compromise, if wife is still living separately from his husband, she cannot claim for maintenance.
• If after fixing up of maintenance, wife still denies living with husband or leaves him willfully without informing Court, then she is not eligible for maintenance.

Important Facts Relating to Maintenance

Senior Citizen Act

Old parents exceeding the age of 60 years can claim maintenance from their children through Court. But the Income of the parents should be less than Children.

• The maintenance amount is fixed on the basis of financial status of the opposite party. 20 -30% of the income of opposite party is fixed as maintenance.
• While granting maintenance, court will consider extra expenses such as Loan repayment etc.
• After Fixing of Maintenance, one can file for revision of amount or enhancement of amount also.
• In live In relationship also u/s 125 CrPC, a woman can demand for maintenance from the man with whom she is living under one roof but only on the condition that the man is not married to some other woman.
• A woman can claim for maintenance after Divorce from her husband u/s 125 CrPC but not in the case of Mutual Consent Divorce.