RIGHT TO CLAIM MAINTENANCE UNDER HINDU LAW
MAINTENANCE UNDER HINDU LAW
Maintenance is the financial support that a husband owes his wife when she is unable to support herself during the divorce as well as after the divorce. This amount is paid by the husband monthly or once so that the wife can enjoy the basic needs of life. The concept of retention aims to return the woman to the same comfortable position and lifestyle as before in marriage. There is no fixed maintenance amount.
The Hindu Maintenance and Adoption Law stipulate the provisions on the maintenance rights of women under Hindu law. According to the bill wife, daughter-in-law, children, elderly parents, and other dependents have a right to claim maintenance.
In the event of a divorce, a woman has the right to claim support from her husband when he is unable to meet her financial needs. Whether a woman is working and has an income does not affect her right to claim child support from her husband. However, the amount of alimony a husband is required to pay to his wife depends on the income earned by the wife, the husband's income and assets, his expenses, and the expenses borne by the members of the household.
Types of Maintenance under Hindu Laws
Under the Hindu maintenance laws, there are 2 types of maintenance that can be claimed by the wife.
Interim Maintenance - When a wife files a support claim, the court can grant her temporary alimony that the husband must pay from the date the wife files the claim until the date it is dismissed through the mediation of the law through his divorce. It is also known as Maintenance Pendente Lite and is paid so that the woman can pay the legal fees she incurs. The court grants temporary alimony if the wife has no source of income to support herself. There is no law setting this amount of alimony and it is up to the court to determine what amount of support is sufficient for the wife during the proceedings.
Permanent Maintenance- This amount is paid by the husband to his wife in the event of divorce, and this amount is determined by the petition. Section 25 of the law provides that a court can order a husband to pay his wife's support in the form of a lump sum or monthly for her entire life. However, the wife may not be entitled to alimony if her circumstances change.
Under Section 18 of the Hindu Adoption and Maintenance Act, 1956:
The wife has the right to live apart from her husband without affecting the wife's right to claim alimony.
According to this law, a woman can live separately from her husband in the following cases:
· The husband abandoned his wife for no good reason.
· The husband grabbed his wife cruelly.
· The husband has leprosy.
· Adulterous husband.
· The husband converted to another religion.
Contingencies include the following factors that should be taken into account in determining the amount of maintenance:
· It depends on the status of husband and wife,
· Whether the woman needs real maintenance or not.
· If the woman is moving to live separately, is there a good reason for doing so
· Total wife's assets and income.
· The husband's total assets and income are generated from this property and his other income.
· A total number of dependents and their expenses borne by the husband.
· Husband's expenses.
LANDMARK JUDGEMENT WITH REGARD TO MAINTENANCE:
The factors considered by the Court in awarding interim maintenance were reiterated by the Delhi High Court in the Manpreet Singh Bhatia v Sumita Bhatia case:
Spouse's reasonable maintenance needs
Status of the parties
Independent income and property belonging to the spouse are required to maintain
The number of people that the spouse providing maintenance services must maintain in addition to the applicant
The lifestyle that the spouse claims to maintain practiced in his marital home
Spouse's responsibility for maintenance
Spousal essentials arrangements require maintenance such as food, shelter, clothing, medical needs, etc.
The spouse's ability to provide maintenance services
The court may use it at its discretion when all specific sources of income for the maintenance spouse are not disclosed.
The spouse who pays alimony must pay the costs of the divorce proceedings
The amount granted under section 125 may be adjusted from the amount granted under section 24 of the Hindu Marriage Act 1955. The Delhi High Court further pointed out that the court should award temporary alimony in appropriate circumstances as a judicial obligation to ensure that poor spouses will not be affected by wealthy spouses.
How to Claim Maintenance under Hindu Laws?
1. The wife must apply for alimony to the family court that has the appropriate jurisdiction to deal with the matter.
2. The alimony application should be filed with the help of a good Indian divorce lawyer and should contain all the necessary facts and the relief required by the court.
3. The maintenance application is submitted with some necessary documents, such as an affidavit, documents related to the income of the husband and wife, etc.
CONTENT WRITER:
NAME- PURTI RAJPUROHIT
COLLEGE- TILAK MAHARASHTRA VIDYAPEETH
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