Riches: When can a woman claim maintenance?
NEW DELHI: Maintenance is a term primarily associated with the financial support that a woman can claim from her husband after the divorce. However, the word has a much broader connotation since maintenance can be claimed, not only by a woman, but also by children and parents.
Maintenance for all members is provided under section 3 (b) of the Hindu Adoption and Maintenance Act of 1956, which defines it as' provisions for food, clothing, residence, education and medical assistance and treatment 'and' in the case of a single person daughter, also reasonable expenses and the incident of their marriage.
Different personal laws
Due to the different religions in India, marriage, divorce and maintenance are governed by their own personal laws.
Hindus: The Hindu Marriage Act, 1955 (2), and the Hindu Adoption and Maintenance Act, 1956, grant women the right to claim support after divorce.
Muslims: In accordance with the Law on the Protection of the Rights of Muslim Women (1986), the wife must be paid maintenance in the iddat period and mehr must be returned.
Christians: Under Section 37 of the Indian Divorce Act, 1869, a divorced wife can obtain support for life by applying in a civil court or in a higher court.
Parsis: The Parsi Marriage and Divorce Act of 1936 allows the wife to be maintained for life if she remains single after the divorce, and can obtain a maximum of one fifth of her net income.
Secular: According to section 125 of the 1973 Code of Criminal Procedure, members of all communities can claim maintenance, including wives, children and parents, if they cannot support themselves.
Provisional and permanent maintenance
Below Hindu Marriage Act of 1955 There are two types of maintenance: provisional or temporary and permanent. The first, under section 24, is the maintenance granted to a spouse during the processing of legal proceedings, while the second includes permanent maintenance and alimony under section 25.
Maintenance does not include 'stridhan', which is the wife's right. In addition, the amount of maintenance is decided by the courts on the basis of the husband's financial, assets, liabilities, among other factors.
If the woman wins
According to a Supreme Court ruling, even if a separated wife is winning, she can make a maintenance claim if her income is not enough to support her.
Various laws, such as the 1973 Criminal Procedure Code, also ensure that women can demand maintenance even if they are separated, not divorced. According to a higher court ruling, a husband cannot get his way by not paying support saying he is unemployed or not earning.
Can men claim maintenance?
If men can’t support themselves, they can claim maintenance from their earning wives. This can be done under Section 24 of Hindu Marriage Act of 1955 , wherein both husbands and wives as liable to making such a claim.