Article At A Glance
- Maintenance ensures financial stability for women after separation.
- CrPC/BNSS, Hindu Act, PWDVA, Muslim Divorce Act anchor those rights.
- Eligible: wives, live-in partners, some second wives.
Maintenance laws ensure financial support for dependent wives and children, preventing them from poverty and homelessness. Separation or divorce can be emotionally and financially challenging. Many women who gave up careers or financial independence during marriage struggle to support themselves afterward. Indian law addresses this by providing alimony and maintenance for financial security. This blog discusses the legal rules, eligibility, process, and key court decisions about maintenance for women in India.
Laws like the Special Marriage Act 1954, Section 125 of the Code of Criminal Procedure 1973 (or Section 144 of the Bhartiya Nagrik Suraksha Sanhinta), and the Protection of Women from Domestic Violence Act 2005 provide legal support for women seeking maintenance, regardless of their religion. These are in addition to the personal laws specific to different religious communities.
Who Can Claim Maintenance?
Under Indian law, a wife, including a divorced or separated woman, can claim maintenance if she is unable to maintain herself and her husband has sufficient means but neglects or refuses to maintain her.
In some cases, even women in live-in relationships or second wives (under certain circumstances) may be eligible for maintenance, as recognized by the courts.
Legal Provisions Governing Maintenance
1. Section 125 of the Code of Criminal Procedure, 1973 (CrPC)/ Section 144 of BNSS
- Applies to all women, irrespective of religion.
- A wife (including a divorced woman) can claim monthly maintenance if she is unable to maintain herself.
- Magistrate/Judge can order maintenance based on the husband’s income and wife’s needs.
Case Law:
Shah Bano Case – Mohd. Ahmed Khan v. Shah Bano Begum (1985 AIR 945)
The Supreme Court held that a Muslim woman is entitled to maintenance under Section 125 CrPC/Section 144 BNSS even after divorce, upholding secular rights of women.
In a recent Rajnesh v. Neha and Ors. (2020 AIR 569), The Supreme Court of India settled a dispute about temporary maintenance under Section 125 Cr.p.c. / Section 144 BNSS, upholding the Family Court’s decision that the husband must pay Rs. 15,000 monthly to his wife and Rs. 10,000 to their minor son. The Court provided clear guidelines to simplify maintenance cases, tackling issues like conflicting court powers, deciding payment amounts, and enforcing orders. These rules aim to ensure consistency, prevent financial hardship, and speed up maintenance cases across India.
2. Hindu Marriage Act, 1955
- Section 24 – Interim maintenance during pendency of divorce or judicial separation proceedings.
- Section 25 – Permanent alimony post-divorce, which may be a lump sum or periodic payment.
Case Law:
Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy [(2017) 14 SCC 200]
Supreme Court capped maintenance at 25% of husband’s net salary, though the exact amount varies based on case facts.
3. Protection of Women from Domestic Violence Act, 2005 (PWDVA)
- Section 20 empowers Magistrates to grant monetary relief, including maintenance, to aggrieved women facing domestic violence.
- Also applies to women in live-in relationships.
Case Law:
Chanmuniya v. Virendra Kumar Singh Kushwaha [(2011) 1 SCC 141]
Held that even women in a relationship in the nature of marriage are entitled to maintenance under the DV Act and CrPC.
4. Muslim Women (Protection of Rights on Divorce) Act, 1986
- A Muslim woman is entitled to:
- Maintenance during iddat period
- Provision for future maintenance (as held in Daniel Latifi v. Union of India, (2001) 7 SCC 740), it can only be granted when the husband pronounces talaq e biddat under section 5 of The muslim women(Protection of Rights on Marriage) Act, 2019
5. Indian Divorce Act, 1869 (for Christians)
- Section 36 & 37 deal with interim and permanent alimony.
Can Maintenance Be Denied or Reduced?
Yes, in some cases:
- If the wife is earning sufficiently and is able to meet her standard of living
- If she is living in adultery
- If she refuses to live with the husband without just cause
- On remarriage or upon change in financial circumstances
Get Legal Help for Women’s Maintenance Rights Today
Maintenance is a crucial legal right that empowers women with financial dignity and independence after separation. Whether you’re a woman seeking support or need legal guidance on your obligations, understanding these provisions is key.
At Office of advocate Alber Ahmed Farooqui, we assist clients in navigating all aspects of family law with clarity and compassion. If you are going through a separation or divorce and unsure about your rights or liabilities regarding maintenance, contact us today for expert legal support.