Laws Related To Maintenance In India
I wrote an article about how multiple maintenance provisions are a paradise for Hindu wives. I have been asked time and again, what are the other laws related to maintenance in India, specifically for different religions, including Muslim Women? It was a misconception that Muslim Women could not seek any maintenance in Indian laws, as Sharia forbade any maintenance beyond the Iddat period. Laws related to maintenance in India have undergone a sea change in the last few decades. Previously, it was assumed or court-ordered maintenance for subsistence and to prevent vagrancy only. Judicial activism enlarged the entitlement first to basic amenities like food, clothing, shelter and other requirements to live a dignified life. It was extended to a similar comfort, which she was entitled to in her matrimonial home. Under the principles of criminal justice, it is a man’s natural and legal duty to provide these amenities to his wife, parents and children in the form of maintenance if they cannot maintain themselves. So now, coming to laws related to maintenance in India based on religion, it is as follows: Secular Provisions of Maintenance. There are two broad laws related to maintenance in India, which are secular, and by definition, they provide maintenance to multiple relations too, other than wife. This said they don’t stop the wife from claiming maintenance under these sections
- Section 125 of the Code of Criminal Procedure is the provision in law, which extend the right of maintenance to parents and children of the man including his wife.
- PWDVA, 2005 provides for maintaining any woman in a domestic relationship with a man. It means that a daughter, mother, wife, or live-in relations (subject to certain exceptions) can claim maintenance from a man with whom she has/ had any domestic relationship.
Maintenance under Hindu Laws
- The Hindu Adoption and Maintenance: Act gives a wife the right to claim maintenance from her husband. A wife can file and claim maintenance under the Act in India against her husband when she cannot maintain herself financially if she is separated for a valid reason. This is almost a mixture of the criminal procedure code 125 and the Domestic Violence Act; the wife is entitled to reside separately, too, without forfeiting her claim to maintenance.
- Hindu Marriage Act: A woman can claim maintenance from her husband under this act during the pendency of divorce and anytime after any decree has been passed under this act. One important thing is that a decree does not mean solely a decree of divorce; it can also be a decree of annulment or restitution of conjugal rights.
Maintenance under Muslim Laws It is a misconception that the Maintenance of a wife under Muslim law ends after the Iddat Period. Muslim Women (Protection of Rights on Divorce) Act, 1986 act, states that a divorced Muslim woman is entitled to Maintenance in the following cases: During the iddat period, Here the Maintenance has to be reasonable and fair, enabling the wife to live with dignity. Additionally, Maintenance must be paid for two years if the woman has children. If the child is born after the divorce, the 2-year period begins from the child’s date of birth. The act also states that Mehr/ Mehar or Dower, known by any nomenclature, has to be paid to the wife (if not already paid).
Additionally, all properties gifted to her by her relatives, friends, or husband before, during, or after the marriage must be restored to the wife.
Maintenance under Parsi Laws The Parsi Marriage and Divorce Act, 1936, gives the right to Maintenance to a Parsi woman. The court can award a maximum of one-fifth of the husband’s net income as Maintenance. The husband is liable to pay Maintenance to the wife for her lifetime only if she remains unmarried and chaste after the divorce.
Maintenance under Christian Laws The Indian Divorce Act of 1869 governs the maintenance rights of a Christian wife. Under Section 37 of the Indian Divorce Act of 1869, she can apply for Maintenance in a Civil Court or High Court. The husband will be liable for paying Maintenance for her lifetime. When choosing a maintenance lawyer to fight your maintenance case, always choose the best or top maintenance lawyer. This is the first battle, and the best maintenance lawyer can help you by providing you with family lawyers who are experienced in maintenance matters. Good Maintenance lawyers have extensive experience managing complex maintenance matters and work hard to get you the best results. Top maintenance lawyers know the interpretation of the law and all the current amendments and judgements.
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