A GIST OF MAINTENANCE LAWS IN INDIA. Shajeeda Tajdeen BASICS OF LAW Sat, Feb 29, 2020, at ,12:47 PM Introduction: The law of maintenance has its own importance in India. As per the general and social concept of maintenance, it is the duty of a man to maintain his entire family, i.e. parents, wives, and children. The general definition of maintenance means financially supporting a person’s living expenses. In legal terms maintenance is the amount which is paid by a man to his dependent wife, children or parents to maintain themselves. The Indian law provides two modes of paying maintenance i.e. it can be either paid on a lump-sum basis which is done once in a lifetime or on a monthly or quarterly basis. The concept of maintenance is not only recognised by all the personal laws but also by the Code of Criminal Procedure, (Cr.PC.) 1973. However, it should be noted that the applicability of maintenance under personal laws refers to the people belonging to that particular religion while a plea for maintenance under Cr.PC. can be filed by a person irrespective of the caste creed and religion. In short, the law of maintenance puts down a detailed procedure following which maintenance can be claimed. Maintenance laws in different personal laws: Maintenance under Hindu law: The provision for maintenance of a wife is available in the Hindu Adoption and Maintenance Act, 1956. It clearly states that if a wife is unable to maintain herself then she has a right to claim maintenance from her husband by filing a case for the same. The courts after taking into consideration the financial status of the husband and the reason for separation shall award maintenance to the wife. As per Hindu Law a wife can reside separately from her husband and without surrendering her right of maintenance. The Hindu Adoption and Maintenance Act, 1956 visualizes that circumstances in which it may become impossible for a wife to continue to reside and cohabit with the husband but she may not want to break the matrimonial tie for various reasons ranging from growing children to social disgrace. The Judiciary has also declared that a working wife is also entitled for maintenance in situations wherein she is unable to maintain herself from her own earnings. This view of the Judiciary has put an end to the misunderstanding that a working wife is not allowed to receive maintenance. It should be noted that the matrimonial laws do not provide the benefit of maintenance to the wife if the husband wishes to cohabit with her. Furthermore, it also debars a wife from claiming maintenance under Section 125 of Cr.PC if she has already opted for the same under any other personal laws. Maintenance under Muslim law: Under Muslim Law, the Muslim Women (Protection of Rights on Divorce) Act, 1986, specifically talks about maintenance. The Act lays a certain situation in which a wife is entitled to receive maintenance from her husband. Post-divorce a wife is entitled to receive fair and reasonable maintenance during the iddat period. The amount of Mehr or Dower which was paid or agreed to be paid at the time of marriage or after that has to be given back to the wife. In addition to the Mehr and Dower, all the other property which was handed over to the wife by her parents, relatives, friends and even by her husband goes back to the wife after divorce. In situations where the wife had to support her own-self along with her children then in the situation, maintenance has to be paid for a period of 2 years and in cases, the child was born after divorce then the 2 years period would commence from the date on which the child was born. In Muslim law also, if a wife is unable to maintain herself after the iddat period then the Magistrate can direct her relatives who will inherit her property, to pay maintenance to her as deemed fit and in case the relatives or children fail to do so then the Magistrate can order the State Wakf Board established under the Wakf Act, 1995 to do the needful. Maintenance under Parsi law: The Parsi Marriage and Divorce Act, 1936, enables a Parsi woman to receive maintenance. The Judiciary has the right of awarding maintenance to the wife after taking into consideration factors such as the husband’s ability to pay, the assets possessed by the wife and the individual behavior of both before getting divorced. However, Parsi law also a wife to enjoy the benefit of maintenance for her entire life is she remains unmarried and maiden for the rest of her life post-divorce. Thus, the right of receiving maintenance for the entire life in Parsi law comes with a condition. One-fifth of the husband’s net income can be awarded as maintenance. Maintenance under Christian law: There is no specific law in Christians to govern the right of maintenance of wife. Thus they governed by the Indian Divorce Act, 1869. Section 37 of the Indian Divorce Act, 1869 allows a Christian wife to file a plea for maintenance in a Civil or High Court. A Christian husband is also entitled to pay maintenance for the entire life. Maintenance under the Code of Criminal Procedure, 1973 (Section 125): Cr.PC has a slightly broader approach when it comes to maintenance, it not only allows the wife and dependent children to receive maintenance from a man, but it also includes the divorced wife and destitute parents. The amount of maintenance is finalized after taking into account the financial status of the husband. The Magistrate has the sole authority to decide the maximum amount of maintenance. Previously, the amount was limited to a mere Rs. 500 per month. In situations where a man refuses or neglects to pay maintenance to his wife, child, father or mother and the same if proved, then in such cases a Class I Magistrate has an authority of directing a person to pay monthly allowance. Section 125 of Cr.PC makes it clear that a wife is prohibited from receiving maintenance if she has committed an act of adultery, or if she refuses to live with her husband or if she has undergone separation through mutual consent. Child maintenance law in India: Section 125 of Cr.PC also recognises child maintenance. It states that a child has a right to claiming maintenance from his father. This section states that a child is entitled to receive maintenance from his father if during the continuation of the divorce proceeding the custody of the child is handed over to his mother or otherwise. The Judiciary has also given its view on maintenance, wherein it has declared that a major child also permitted to receive maintenance in scenarios where he/she is dependent on their parents. The term dependency means a situation wherein they are not capable of earning for themselves either because they are studying or due to any disease.