Legal Dimensions of Maintenance in India: A Comprehensive Study
Legal Dimensions of Maintenance in India: A Comprehensive Study
Legal Dimensions of Maintenance in India: A Comprehensive Study
Introduction
Maintenance is a crucial aspect of matrimonial law. The concept of maintenance is a foundational principle in marital law, particularly in countries like India, where diverse religions exist, and their personal laws govern family relations. Maintenance, commonly understood as financial support provided by one spouse to another who is unable to sustain herself. The aim of Indian maintenance laws is not merely to enforce the economic responsibility of spouses but to prevent destitution, homelessness and the collapse of basic dignities for individuals who are vulnerable after separation or divorce.
Purpose of Maintenance
The primary purpose of maintenance law is to ensure financial security for the economically weaker spouse (commonly the wife). If deserted or left without support after divorce. Without such legal protection, many women would be vulnerable to poverty, exploitation and social marginalisation. The legal sense of the scope of maintenance act is intended to fulfil a social purpose. These provisions are contained in various statutes, including.
The Hindu Adoption and Maintenance Act, 1956 & Hindu Marriage Act, 1955
The Muslim Personal Law (Shariat) Application Act, 1937, & The Muslim Woman (Protection of Rights on Divorce) Act, 1986
The Protection of Women from Domestic Violence Act, 2005.
Bharatiya Nagarik Suraksha Sanhita
Maintenance under Different Laws
Under Hindu Personal Law:
Hindu Adoption and Maintenance Act, 1956 – The act provides a comprehensive legal framework for the maintenance right during the subsistence of marriage.
Section 18(1)- It states that a Hindu wife is entitled to be maintained by her husband.
Section 18(2)- It extends the maintenance right to the wife even if she is living separately from her husband. Provided that she left for a valid reason, such as cruelty, desertion, bigamy by her husband or his conversion to another religion.
Section 18(3) – Establish that a wife will lose her right to maintenance if she commits adultery or converts to another religion without her husband's consent.
Hindu Marriage Act, 1955 - The Hindu marriage act compliment HAMA by dealing mainly with the maintenance during matrimonial litigation and after matrimonial breakdowns.
Section 24 deals with temporary maintenance. Under section 24 of the act, if the court considers fit and it is satisfied that either wife or husband does not have an independent income, then it does as well.
Section 25 deals with permanent maintenance. Under Section 25 of the Act, deal with the granting of alimony permanently. The court may, on the application made by the respondent, order that maintenance be provided either in the form of a periodical payment or a gross sum to be provided. Thus, in this case as well, the respondent can either be the wife or the husband.
Under Muslim Personal Law - Under traditional Muslim law, maintenance (nafaqah), which means what a man spends on his family, includes food, clothing and lodging. It is viewed as an absolute obligation of the husband, provided the wife fulfils her marital duties. The maintenance obligation continues as long as the marriage subsists and the wife is not guilty of disobedience or desertion without reasonable cause. Classical Islamic law is largely uncodified, with rules derived from the Quran and juristic opinion. Statutory clarification has emerged in India to address ambiguities concerning the rights of women after divorce. The principal statutes are:
The Muslim Personal Law (Shariat) Application Act, 1937 - Section 2 of the Act 1937 mentions the personal law application to the Muslim community. This section includes different subjects within its ambit, including Maintenance and other subjects such as interstate succession, dissolution of marriage, divorce, guardianship, gift and waqf and so on.
The Muslim woman (Protection of Rights on Divorce) Act, 1986 - Maintenance during the Iddat – The divorced woman is entitled to a reasonable and fair amount of maintenance for herself during the iddat period from her husband.
Maintenance after iddat – The woman who remains unmarried after the iddat and is unable to maintain herself is entitled to get maintenance from such relatives who would inherit her Property upon her death.
The Protection of Women from Domestic Violence Act, 2005 - Maintenance under section 20 of domestic violence act serve as a lifeline for women and children affected by domestic violence, and offers them the financial means to rebuild their lives by giving them access to monetary relief through the legal process. The act empowered victims to seek justice and support without fear of destitution.
Maintenance under the Criminal Procedure Code, 1973 - Section 125 of the Criminal Procedure Code serves as a secular and universal remedy for the maintenance of wife children, and parents who are unable to maintain themselves. Section 125 empowers a magistrate to order a person, usually a husband, to pay a monthly maintenance allowance to his wife. Unlike personal laws that may depend upon the status of marriage or validity of marriage section 125 applies regardless of whether the wife is living separately due to cruelty, desertion or even divorce. She is entitled to get maintenance until she remarries. The objective is to ensure financial security, which is a matter of public interest.
Maintenance under Bharatiya Nagarik Suraksha Sanhita - The Bharatiya Nagarik Suraksha Sanhita, 2023, replaces the Criminal Procedure Code and continues the legal mandate for the maintenance of dependents such as wives, children, and parents.
Section 144 of BNSS deals with the maintenance of the wife, children and any person if any person having sufficient means neglects or refuses to maintain them. Section 144 prioritizes the welfare of vulnerable individuals over restrictive legal technicalities.
Grounds of maintenance
In assessing maintenance orders, the courts do not restrict their assessment to a mere income calculation. They seek to arrive at a point where they balance the financial needs of the party claiming with the actual ability of the other party to pay:
Marital status and proof of Marriage
The reason for seeking maintenance, desertion, divorce, cruelty etc.
The financial position of both Spouses.
The Standard of living the claimant was accustomed to during marriage.
The number of dependents on the income.
Illustration:
A wife who depends on the income of her husband, who earns ₹1,00,000 per month, and has no means of earning herself, has filed a maintenance application under Section 144 of the BNSS to secure her living expenses. The court considered the high income of the husband as well as the husband's disregard to provide financially for the wife. Based on his ruling, the magistrate has provided the wife with a monthly allowance of ₹25,000. The allowance will cover the wife's living expenses, including housing, food, and medical care. The magistrate has provided for the wife with maintenance in order to create a continuous flow of financial support for her livelihood so that she does not fall below the poverty line but retains her dignity and social status through a continuous flow of financial support on the basis of social justice.
Case laws:
V.M. Nivya vs. N.K. Shivaprasad (2017) [V.M. Nivya v. N.K. Shivaprasad, 2017 K.L.T. 507 (2017)]: In this case, it was held that a husband has every right to claim maintenance under Section 24 of the Hindu Marriage Act, 1955, against his wife. This case was decided by the Kerala High Court and is a landmark case on this matter. The High Court set aside an order passed by a lower court regarding a wife paying maintenance to her husband. It was held that a physically capable husband cannot claim maintenance from his wife merely on the ground that he is unemployed; he has to show a ‘permanent disability’ or ‘absolute inability’ to earn. This is based on a case where a court decided a husband's claim for maintenance against his wife based on the above principle. Kerala High Court struck down the maintenance order under the following principles:
Prevention of Idleness: The court stated that paying maintenance to a healthy, able-bodied man with professional skills, such as a musician, would amount to “promoting idleness, which is repugnant to the spirit of the Act.
Strict Necessity: Although section 24 of the Act uses gender-neutral language, it was held that, in the matter of maintenance by a husband, it is an exceptional situation. He has to establish that he is physically or mentally incapable of earning his living.
Conduct of the Claimant: It has been observed that the husband had managed expenses for costly lawyers for some cases he had undertaken, which made his claim that he could not support himself rather less credible.
Self-Incapacitation: One cannot voluntarily incapacitate oneself by not pursuing employment efforts and still expect to be supported by one’s spouse.
Smt. Rani Sethi v Sunil Sethi (2011) [Rani Sethi v. Sunil Sethi, 179 D.L.T. 414 (2011)]: In this case, the court ordered the wife to pay 20,000 per month as maintenance to her husband, holding that the law does not discriminate based on gender when it comes to financial needs. The court held that the purpose of section 24 of the Hindu Marriage Act 1955 is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/ herself. It means it is a trite law that the term support is not constructed narrowly to bear subsistence. It means that the other spouses who have no independent source of income are provided with such maintenance as to live in a similar status was enjoyed by them in their matrimonial home. It upheld the order of the trial court, and the wife has to pay maintenance to the husband.
Challenges in Practical Application
The application of maintenance law is gender neutral, but it was seen that there are challenges in giving maintenance to a husband under the following circumstances:
Judicial Bias and Stigma – Despite having neutral law courts, sometimes show bias, requiring husbands to prove significant disability while wife’s claims are often based on disparity alone for seeking maintenance from their spouses.
Gender stereotypes – In countries like India, it was a deeply ingrained societal perception that men are assumed to be the primary earners and financial providers, while women are the dependents. This type of social stigma led to the bias against the idea of men receiving support from their wives, even if there are gender neutral laws present in the country's legal system.
Social factor – Courts are increasingly monitoring the situation where a husband sacrifices his career and is medically unfit, showing a shift towards considering real-life dependency.
Inconsistent legal framework - Maintenance laws can differ significantly depending on the specific legislation in place. For example, the Hindu Adoption and Maintenance Act and the Criminal Procedure Code. Some laws are gender neutral, while others allow only the wife to claim maintenance, leading to an inconsistent application of justice.
Conclusion
The evolution of maintenance law in India shows a shift from traditional, gender-specific obligations to a framework focused on social justice. Maintenance law started as a basic duty of a husband, but now it emphasises fairness and human dignity. Initially, these laws aimed to protect women from poverty and neglect after divorce. Today, the legal system recognises that no one’s wife, children, or elderly parents should suffer financially due to the breakdown of a marriage or family. One of the most significant changes in recent years is the move toward gender-neutrality. Courts are now willing to grant maintenance to husbands who may be financially unstable while their spouses can support themselves. This change demonstrates that laws are evolving to meet the needs of modern society, bringing them closer to the constitutional promise of equality. Ultimately, maintenance law is about social justice. It serves as a lifeline, ensuring that no one becomes homeless or loses their dignity due to legal separation. As India continues to update its laws, moving from the Criminal Procedure Code to the Bharatiya Nagarik Suraksha Sanhita, the goal remains clear, which is to provide a safety net for vulnerable individuals and ensure that financial support is based on actual need rather than gender.
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. While editorial standards are maintained, ClearLaw.online, the author, and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.
Introduction
Maintenance is a crucial aspect of matrimonial law. The concept of maintenance is a foundational principle in marital law, particularly in countries like India, where diverse religions exist, and their personal laws govern family relations. Maintenance, commonly understood as financial support provided by one spouse to another who is unable to sustain herself. The aim of Indian maintenance laws is not merely to enforce the economic responsibility of spouses but to prevent destitution, homelessness and the collapse of basic dignities for individuals who are vulnerable after separation or divorce.
Purpose of Maintenance
The primary purpose of maintenance law is to ensure financial security for the economically weaker spouse (commonly the wife). If deserted or left without support after divorce. Without such legal protection, many women would be vulnerable to poverty, exploitation and social marginalisation. The legal sense of the scope of maintenance act is intended to fulfil a social purpose. These provisions are contained in various statutes, including.
The Hindu Adoption and Maintenance Act, 1956 & Hindu Marriage Act, 1955
The Muslim Personal Law (Shariat) Application Act, 1937, & The Muslim Woman (Protection of Rights on Divorce) Act, 1986
The Protection of Women from Domestic Violence Act, 2005.
Bharatiya Nagarik Suraksha Sanhita
Maintenance under Different Laws
Under Hindu Personal Law:
Hindu Adoption and Maintenance Act, 1956 – The act provides a comprehensive legal framework for the maintenance right during the subsistence of marriage.
Section 18(1)- It states that a Hindu wife is entitled to be maintained by her husband.
Section 18(2)- It extends the maintenance right to the wife even if she is living separately from her husband. Provided that she left for a valid reason, such as cruelty, desertion, bigamy by her husband or his conversion to another religion.
Section 18(3) – Establish that a wife will lose her right to maintenance if she commits adultery or converts to another religion without her husband's consent.
Hindu Marriage Act, 1955 - The Hindu marriage act compliment HAMA by dealing mainly with the maintenance during matrimonial litigation and after matrimonial breakdowns.
Section 24 deals with temporary maintenance. Under section 24 of the act, if the court considers fit and it is satisfied that either wife or husband does not have an independent income, then it does as well.
Section 25 deals with permanent maintenance. Under Section 25 of the Act, deal with the granting of alimony permanently. The court may, on the application made by the respondent, order that maintenance be provided either in the form of a periodical payment or a gross sum to be provided. Thus, in this case as well, the respondent can either be the wife or the husband.
Under Muslim Personal Law - Under traditional Muslim law, maintenance (nafaqah), which means what a man spends on his family, includes food, clothing and lodging. It is viewed as an absolute obligation of the husband, provided the wife fulfils her marital duties. The maintenance obligation continues as long as the marriage subsists and the wife is not guilty of disobedience or desertion without reasonable cause. Classical Islamic law is largely uncodified, with rules derived from the Quran and juristic opinion. Statutory clarification has emerged in India to address ambiguities concerning the rights of women after divorce. The principal statutes are:
The Muslim Personal Law (Shariat) Application Act, 1937 - Section 2 of the Act 1937 mentions the personal law application to the Muslim community. This section includes different subjects within its ambit, including Maintenance and other subjects such as interstate succession, dissolution of marriage, divorce, guardianship, gift and waqf and so on.
The Muslim woman (Protection of Rights on Divorce) Act, 1986 - Maintenance during the Iddat – The divorced woman is entitled to a reasonable and fair amount of maintenance for herself during the iddat period from her husband.
Maintenance after iddat – The woman who remains unmarried after the iddat and is unable to maintain herself is entitled to get maintenance from such relatives who would inherit her Property upon her death.
The Protection of Women from Domestic Violence Act, 2005 - Maintenance under section 20 of domestic violence act serve as a lifeline for women and children affected by domestic violence, and offers them the financial means to rebuild their lives by giving them access to monetary relief through the legal process. The act empowered victims to seek justice and support without fear of destitution.
Maintenance under the Criminal Procedure Code, 1973 - Section 125 of the Criminal Procedure Code serves as a secular and universal remedy for the maintenance of wife children, and parents who are unable to maintain themselves. Section 125 empowers a magistrate to order a person, usually a husband, to pay a monthly maintenance allowance to his wife. Unlike personal laws that may depend upon the status of marriage or validity of marriage section 125 applies regardless of whether the wife is living separately due to cruelty, desertion or even divorce. She is entitled to get maintenance until she remarries. The objective is to ensure financial security, which is a matter of public interest.
Maintenance under Bharatiya Nagarik Suraksha Sanhita - The Bharatiya Nagarik Suraksha Sanhita, 2023, replaces the Criminal Procedure Code and continues the legal mandate for the maintenance of dependents such as wives, children, and parents.
Section 144 of BNSS deals with the maintenance of the wife, children and any person if any person having sufficient means neglects or refuses to maintain them. Section 144 prioritizes the welfare of vulnerable individuals over restrictive legal technicalities.
Grounds of maintenance
In assessing maintenance orders, the courts do not restrict their assessment to a mere income calculation. They seek to arrive at a point where they balance the financial needs of the party claiming with the actual ability of the other party to pay:
Marital status and proof of Marriage
The reason for seeking maintenance, desertion, divorce, cruelty etc.
The financial position of both Spouses.
The Standard of living the claimant was accustomed to during marriage.
The number of dependents on the income.
Illustration:
A wife who depends on the income of her husband, who earns ₹1,00,000 per month, and has no means of earning herself, has filed a maintenance application under Section 144 of the BNSS to secure her living expenses. The court considered the high income of the husband as well as the husband's disregard to provide financially for the wife. Based on his ruling, the magistrate has provided the wife with a monthly allowance of ₹25,000. The allowance will cover the wife's living expenses, including housing, food, and medical care. The magistrate has provided for the wife with maintenance in order to create a continuous flow of financial support for her livelihood so that she does not fall below the poverty line but retains her dignity and social status through a continuous flow of financial support on the basis of social justice.
Case laws:
V.M. Nivya vs. N.K. Shivaprasad (2017) [V.M. Nivya v. N.K. Shivaprasad, 2017 K.L.T. 507 (2017)]: In this case, it was held that a husband has every right to claim maintenance under Section 24 of the Hindu Marriage Act, 1955, against his wife. This case was decided by the Kerala High Court and is a landmark case on this matter. The High Court set aside an order passed by a lower court regarding a wife paying maintenance to her husband. It was held that a physically capable husband cannot claim maintenance from his wife merely on the ground that he is unemployed; he has to show a ‘permanent disability’ or ‘absolute inability’ to earn. This is based on a case where a court decided a husband's claim for maintenance against his wife based on the above principle. Kerala High Court struck down the maintenance order under the following principles:
Prevention of Idleness: The court stated that paying maintenance to a healthy, able-bodied man with professional skills, such as a musician, would amount to “promoting idleness, which is repugnant to the spirit of the Act.
Strict Necessity: Although section 24 of the Act uses gender-neutral language, it was held that, in the matter of maintenance by a husband, it is an exceptional situation. He has to establish that he is physically or mentally incapable of earning his living.
Conduct of the Claimant: It has been observed that the husband had managed expenses for costly lawyers for some cases he had undertaken, which made his claim that he could not support himself rather less credible.
Self-Incapacitation: One cannot voluntarily incapacitate oneself by not pursuing employment efforts and still expect to be supported by one’s spouse.
Smt. Rani Sethi v Sunil Sethi (2011) [Rani Sethi v. Sunil Sethi, 179 D.L.T. 414 (2011)]: In this case, the court ordered the wife to pay 20,000 per month as maintenance to her husband, holding that the law does not discriminate based on gender when it comes to financial needs. The court held that the purpose of section 24 of the Hindu Marriage Act 1955 is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/ herself. It means it is a trite law that the term support is not constructed narrowly to bear subsistence. It means that the other spouses who have no independent source of income are provided with such maintenance as to live in a similar status was enjoyed by them in their matrimonial home. It upheld the order of the trial court, and the wife has to pay maintenance to the husband.
Challenges in Practical Application
The application of maintenance law is gender neutral, but it was seen that there are challenges in giving maintenance to a husband under the following circumstances:
Judicial Bias and Stigma – Despite having neutral law courts, sometimes show bias, requiring husbands to prove significant disability while wife’s claims are often based on disparity alone for seeking maintenance from their spouses.
Gender stereotypes – In countries like India, it was a deeply ingrained societal perception that men are assumed to be the primary earners and financial providers, while women are the dependents. This type of social stigma led to the bias against the idea of men receiving support from their wives, even if there are gender neutral laws present in the country's legal system.
Social factor – Courts are increasingly monitoring the situation where a husband sacrifices his career and is medically unfit, showing a shift towards considering real-life dependency.
Inconsistent legal framework - Maintenance laws can differ significantly depending on the specific legislation in place. For example, the Hindu Adoption and Maintenance Act and the Criminal Procedure Code. Some laws are gender neutral, while others allow only the wife to claim maintenance, leading to an inconsistent application of justice.
Conclusion
The evolution of maintenance law in India shows a shift from traditional, gender-specific obligations to a framework focused on social justice. Maintenance law started as a basic duty of a husband, but now it emphasises fairness and human dignity. Initially, these laws aimed to protect women from poverty and neglect after divorce. Today, the legal system recognises that no one’s wife, children, or elderly parents should suffer financially due to the breakdown of a marriage or family. One of the most significant changes in recent years is the move toward gender-neutrality. Courts are now willing to grant maintenance to husbands who may be financially unstable while their spouses can support themselves. This change demonstrates that laws are evolving to meet the needs of modern society, bringing them closer to the constitutional promise of equality. Ultimately, maintenance law is about social justice. It serves as a lifeline, ensuring that no one becomes homeless or loses their dignity due to legal separation. As India continues to update its laws, moving from the Criminal Procedure Code to the Bharatiya Nagarik Suraksha Sanhita, the goal remains clear, which is to provide a safety net for vulnerable individuals and ensure that financial support is based on actual need rather than gender.
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. While editorial standards are maintained, ClearLaw.online, the author, and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.
Introduction
Maintenance is a crucial aspect of matrimonial law. The concept of maintenance is a foundational principle in marital law, particularly in countries like India, where diverse religions exist, and their personal laws govern family relations. Maintenance, commonly understood as financial support provided by one spouse to another who is unable to sustain herself. The aim of Indian maintenance laws is not merely to enforce the economic responsibility of spouses but to prevent destitution, homelessness and the collapse of basic dignities for individuals who are vulnerable after separation or divorce.
Purpose of Maintenance
The primary purpose of maintenance law is to ensure financial security for the economically weaker spouse (commonly the wife). If deserted or left without support after divorce. Without such legal protection, many women would be vulnerable to poverty, exploitation and social marginalisation. The legal sense of the scope of maintenance act is intended to fulfil a social purpose. These provisions are contained in various statutes, including.
The Hindu Adoption and Maintenance Act, 1956 & Hindu Marriage Act, 1955
The Muslim Personal Law (Shariat) Application Act, 1937, & The Muslim Woman (Protection of Rights on Divorce) Act, 1986
The Protection of Women from Domestic Violence Act, 2005.
Bharatiya Nagarik Suraksha Sanhita
Maintenance under Different Laws
Under Hindu Personal Law:
Hindu Adoption and Maintenance Act, 1956 – The act provides a comprehensive legal framework for the maintenance right during the subsistence of marriage.
Section 18(1)- It states that a Hindu wife is entitled to be maintained by her husband.
Section 18(2)- It extends the maintenance right to the wife even if she is living separately from her husband. Provided that she left for a valid reason, such as cruelty, desertion, bigamy by her husband or his conversion to another religion.
Section 18(3) – Establish that a wife will lose her right to maintenance if she commits adultery or converts to another religion without her husband's consent.
Hindu Marriage Act, 1955 - The Hindu marriage act compliment HAMA by dealing mainly with the maintenance during matrimonial litigation and after matrimonial breakdowns.
Section 24 deals with temporary maintenance. Under section 24 of the act, if the court considers fit and it is satisfied that either wife or husband does not have an independent income, then it does as well.
Section 25 deals with permanent maintenance. Under Section 25 of the Act, deal with the granting of alimony permanently. The court may, on the application made by the respondent, order that maintenance be provided either in the form of a periodical payment or a gross sum to be provided. Thus, in this case as well, the respondent can either be the wife or the husband.
Under Muslim Personal Law - Under traditional Muslim law, maintenance (nafaqah), which means what a man spends on his family, includes food, clothing and lodging. It is viewed as an absolute obligation of the husband, provided the wife fulfils her marital duties. The maintenance obligation continues as long as the marriage subsists and the wife is not guilty of disobedience or desertion without reasonable cause. Classical Islamic law is largely uncodified, with rules derived from the Quran and juristic opinion. Statutory clarification has emerged in India to address ambiguities concerning the rights of women after divorce. The principal statutes are:
The Muslim Personal Law (Shariat) Application Act, 1937 - Section 2 of the Act 1937 mentions the personal law application to the Muslim community. This section includes different subjects within its ambit, including Maintenance and other subjects such as interstate succession, dissolution of marriage, divorce, guardianship, gift and waqf and so on.
The Muslim woman (Protection of Rights on Divorce) Act, 1986 - Maintenance during the Iddat – The divorced woman is entitled to a reasonable and fair amount of maintenance for herself during the iddat period from her husband.
Maintenance after iddat – The woman who remains unmarried after the iddat and is unable to maintain herself is entitled to get maintenance from such relatives who would inherit her Property upon her death.
The Protection of Women from Domestic Violence Act, 2005 - Maintenance under section 20 of domestic violence act serve as a lifeline for women and children affected by domestic violence, and offers them the financial means to rebuild their lives by giving them access to monetary relief through the legal process. The act empowered victims to seek justice and support without fear of destitution.
Maintenance under the Criminal Procedure Code, 1973 - Section 125 of the Criminal Procedure Code serves as a secular and universal remedy for the maintenance of wife children, and parents who are unable to maintain themselves. Section 125 empowers a magistrate to order a person, usually a husband, to pay a monthly maintenance allowance to his wife. Unlike personal laws that may depend upon the status of marriage or validity of marriage section 125 applies regardless of whether the wife is living separately due to cruelty, desertion or even divorce. She is entitled to get maintenance until she remarries. The objective is to ensure financial security, which is a matter of public interest.
Maintenance under Bharatiya Nagarik Suraksha Sanhita - The Bharatiya Nagarik Suraksha Sanhita, 2023, replaces the Criminal Procedure Code and continues the legal mandate for the maintenance of dependents such as wives, children, and parents.
Section 144 of BNSS deals with the maintenance of the wife, children and any person if any person having sufficient means neglects or refuses to maintain them. Section 144 prioritizes the welfare of vulnerable individuals over restrictive legal technicalities.
Grounds of maintenance
In assessing maintenance orders, the courts do not restrict their assessment to a mere income calculation. They seek to arrive at a point where they balance the financial needs of the party claiming with the actual ability of the other party to pay:
Marital status and proof of Marriage
The reason for seeking maintenance, desertion, divorce, cruelty etc.
The financial position of both Spouses.
The Standard of living the claimant was accustomed to during marriage.
The number of dependents on the income.
Illustration:
A wife who depends on the income of her husband, who earns ₹1,00,000 per month, and has no means of earning herself, has filed a maintenance application under Section 144 of the BNSS to secure her living expenses. The court considered the high income of the husband as well as the husband's disregard to provide financially for the wife. Based on his ruling, the magistrate has provided the wife with a monthly allowance of ₹25,000. The allowance will cover the wife's living expenses, including housing, food, and medical care. The magistrate has provided for the wife with maintenance in order to create a continuous flow of financial support for her livelihood so that she does not fall below the poverty line but retains her dignity and social status through a continuous flow of financial support on the basis of social justice.
Case laws:
V.M. Nivya vs. N.K. Shivaprasad (2017) [V.M. Nivya v. N.K. Shivaprasad, 2017 K.L.T. 507 (2017)]: In this case, it was held that a husband has every right to claim maintenance under Section 24 of the Hindu Marriage Act, 1955, against his wife. This case was decided by the Kerala High Court and is a landmark case on this matter. The High Court set aside an order passed by a lower court regarding a wife paying maintenance to her husband. It was held that a physically capable husband cannot claim maintenance from his wife merely on the ground that he is unemployed; he has to show a ‘permanent disability’ or ‘absolute inability’ to earn. This is based on a case where a court decided a husband's claim for maintenance against his wife based on the above principle. Kerala High Court struck down the maintenance order under the following principles:
Prevention of Idleness: The court stated that paying maintenance to a healthy, able-bodied man with professional skills, such as a musician, would amount to “promoting idleness, which is repugnant to the spirit of the Act.
Strict Necessity: Although section 24 of the Act uses gender-neutral language, it was held that, in the matter of maintenance by a husband, it is an exceptional situation. He has to establish that he is physically or mentally incapable of earning his living.
Conduct of the Claimant: It has been observed that the husband had managed expenses for costly lawyers for some cases he had undertaken, which made his claim that he could not support himself rather less credible.
Self-Incapacitation: One cannot voluntarily incapacitate oneself by not pursuing employment efforts and still expect to be supported by one’s spouse.
Smt. Rani Sethi v Sunil Sethi (2011) [Rani Sethi v. Sunil Sethi, 179 D.L.T. 414 (2011)]: In this case, the court ordered the wife to pay 20,000 per month as maintenance to her husband, holding that the law does not discriminate based on gender when it comes to financial needs. The court held that the purpose of section 24 of the Hindu Marriage Act 1955 is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/ herself. It means it is a trite law that the term support is not constructed narrowly to bear subsistence. It means that the other spouses who have no independent source of income are provided with such maintenance as to live in a similar status was enjoyed by them in their matrimonial home. It upheld the order of the trial court, and the wife has to pay maintenance to the husband.
Challenges in Practical Application
The application of maintenance law is gender neutral, but it was seen that there are challenges in giving maintenance to a husband under the following circumstances:
Judicial Bias and Stigma – Despite having neutral law courts, sometimes show bias, requiring husbands to prove significant disability while wife’s claims are often based on disparity alone for seeking maintenance from their spouses.
Gender stereotypes – In countries like India, it was a deeply ingrained societal perception that men are assumed to be the primary earners and financial providers, while women are the dependents. This type of social stigma led to the bias against the idea of men receiving support from their wives, even if there are gender neutral laws present in the country's legal system.
Social factor – Courts are increasingly monitoring the situation where a husband sacrifices his career and is medically unfit, showing a shift towards considering real-life dependency.
Inconsistent legal framework - Maintenance laws can differ significantly depending on the specific legislation in place. For example, the Hindu Adoption and Maintenance Act and the Criminal Procedure Code. Some laws are gender neutral, while others allow only the wife to claim maintenance, leading to an inconsistent application of justice.
Conclusion
The evolution of maintenance law in India shows a shift from traditional, gender-specific obligations to a framework focused on social justice. Maintenance law started as a basic duty of a husband, but now it emphasises fairness and human dignity. Initially, these laws aimed to protect women from poverty and neglect after divorce. Today, the legal system recognises that no one’s wife, children, or elderly parents should suffer financially due to the breakdown of a marriage or family. One of the most significant changes in recent years is the move toward gender-neutrality. Courts are now willing to grant maintenance to husbands who may be financially unstable while their spouses can support themselves. This change demonstrates that laws are evolving to meet the needs of modern society, bringing them closer to the constitutional promise of equality. Ultimately, maintenance law is about social justice. It serves as a lifeline, ensuring that no one becomes homeless or loses their dignity due to legal separation. As India continues to update its laws, moving from the Criminal Procedure Code to the Bharatiya Nagarik Suraksha Sanhita, the goal remains clear, which is to provide a safety net for vulnerable individuals and ensure that financial support is based on actual need rather than gender.
Disclaimer: This article is published for educational and informational purposes only and does not constitute legal advice, legal opinion, or professional counsel. It does not create a lawyer–client relationship. All views and opinions expressed are solely those of the author and represent their independent analysis. ClearLaw.online does not endorse, verify, or assume responsibility for the author’s views or conclusions. While editorial standards are maintained, ClearLaw.online, the author, and the publisher disclaim all liability for any errors, omissions, or consequences arising from reliance on this content. Readers are advised to consult a qualified legal professional before acting on any information herein. Use of this article is at the reader’s own risk.