Maintenance refers to financial support one person is legally bound to provide to another (usually a spouse, child, or parent) who is unable to maintain themselves.
🔹 Key Legal Provisions for Maintenance in India
1. Section 125 – Code of Criminal Procedure (CrPC), 1973
- Applies to all religions
- Provides a summary remedy for wife, children, and parents to claim maintenance
- Quick and accessible remedy before Magistrate
✅ Who can claim?
- Wife (legally married and unable to maintain herself)
- Minor children (legitimate or illegitimate)
- Major children (if physically/mentally disabled)
- Parents (father or mother unable to maintain themselves)
✅ Conditions:
- Husband/father/son has sufficient means but neglects or refuses to maintain
✅ Maintenance Ceiling:
- No fixed upper limit (Earlier capped at ₹500/month, but now court decides based on means and needs)
🕒 Fast-track: Usually disposed within 6–12 months by Magistrate
2. Section 24 & 25 – Hindu Marriage Act, 1955
Applies to Hindus, Buddhists, Jains, Sikhs
✅ Section 24 (Interim Maintenance & Legal Expenses)
- Either spouse can claim maintenance pendente lite (during the proceedings)
- Also includes legal expenses
✅ Section 25 (Permanent Alimony)
- Court may grant lump sum or monthly maintenance after divorce
- May be modified or rescinded based on remarriage or change in circumstances
3. Section 18 – Hindu Adoption and Maintenance Act, 1956
- Wife entitled to live separately and still claim maintenance on grounds like cruelty, desertion, etc.
- Covers both marital and post-separation maintenance
4. Protection of Women from Domestic Violence Act, 2005
- Provides residence rights and monetary relief (Section 20) to an aggrieved woman
- Can claim maintenance in addition to other remedies like CrPC 125 or HMA
5. Muslim Women (Protection of Rights on Divorce) Act, 1986
- Muslim woman entitled to:
- Mahr
- Iddat period maintenance
- Fair and reasonable provision beyond iddat (as per Shah Bano & Daniel Latifi judgments)
- Can also claim under CrPC Section 125
6. Special Marriage Act, 1954
- Section 36 (interim maintenance) and Section 37 (permanent alimony) – similar to Hindu Marriage Act
🔹 Factors Considered by Court While Granting Maintenance
- Income and assets of both parties
- Reasonable needs of claimant
- Age and health of parties
- Dependent children or responsibilities
- Standard of living enjoyed during marriage
- Conduct of parties (not always decisive)
🔹 Can Husband Claim Maintenance?
✅ Yes, under Section 24 & 25 HMA or Special Marriage Act — if husband is unable to earn and wife has sufficient means (e.g., physically disabled husband, or jobless and wife is working professional).
🔹 Enforcement of Maintenance Orders
If maintenance is not paid:
- Execution proceedings can be filed
- Warrants of attachment/arrest may be issued
- Can be treated as civil contempt
🔹 Notable Judgments
- Rajnesh v. Neha (2020) – Supreme Court laid guidelines on:
- Disclosure of assets/liabilities
- Timelines
- Avoiding multiplicity of maintenance claims
- Shah Bano Case (1985) – Landmark for Muslim women under CrPC 125
- Bhuwan Mohan Singh v. Meena (2014) – Delayed maintenance defeats the object of welfare legislation
