The ancient text calls wife as the “Arshangini” that literally means better half of the husband that completes him. It is the duty of the husband to maintain his wife and to take care of her. India being a multi religion Country stands for unity in diversity which comprises various regions, religions and cultures. Being diverse about the cultural and religious beliefs, every religion has got certain norms and conditions as far as there various religious aspects are concerned. Even the maintenance jurisprudence which aims to establish and provide a social and financial security to the destitute females vary from religion to religion and the set of rules applicable to the various categories vary as per their own religious beliefs which are applicable in the same conditions on the same segment of the fair sex. To maintain a wife comes under the personal obligation of the husband whether he possesses the property or not and this obligation arises from the relationship of husband and wife. The maintenance being personal obligation, the wife use to have no claim against the husband’s property and even against the person to whom it is transferred and even she had no claim against the property from the government in case the husband is declared absconder and his property is attached. The oldest systems use to persist that the husband had a duty to maintain his wife as long as she remains his wife or she remains loyal to him. But in the modern era the law has extended the duty of the husband to maintain his wife even after the dissolution of the marriage.The nature of obligation to maintain a wife, being personal in character, begins as soon as one enters in to wedlock, and remains till end. Hindu law givers in the ancient time have kept the chaste as well as unchaste wife on the same platform and an unchaste wife was entitled for maintenance as long as she remained with her husband and that was called as starving maintenance. In the old law, the only thing which was required for a wife to be maintained by her husband that she should not leave his company and the wife who did not use to live with her husband whatever may be the reason was not entitled to maintenance. Later the law developed and she was entitled to claim maintenance if she was staying away from her husband on some justifiable grounds. Hindu law imposes the personal obligation upon the husband, to maintain his wife; the wife has got a right to enforce her right to get maintenance by creating a charge over the property, whether it’s self-acquired or ancestral. She was entitled to be maintained out of the profits of husbands’ property within the meaning of Section 39 of Transfer of Property Act, 1882 and can enforce the rights against the properties in the hands of the alinee with the notice of her claim. A wife living apart from her husband doesn’t forefeet her right to claim maintenance, as the right is not forfeited but merely suspended. The right revives if she returns to her husband or at the death of the husband, as at the death, the husband ceases to exist. Her right being existent, she cannot be excluded by the husband by making a will and thus he cannot defeat her right. A wife, who is unlawfully excluded from her own home or has been refused the proper maintenance in it, has the same right to pledge her husband’s credit. Under Section 2 of Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946 a Hindu married Woman is entitled to separate residence and maintenance from her husband on one or more of the grounds, basically if he is suffering from some lithesome disease not contracted from her; if he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live with him; if he is guilty of desertion; If he marries again; If he ceases to be Hindu by conversion to another religion; If he keeps a concubine in the house or habitually resides with a concubine; For any other justifiable cause.
There are number of laws that govern the provisions regarding the maintenance to a married. As per criminal procedure code 1973 maintenance is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. Various other laws that governing maintenance are Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956; Muslim Women (Protection of Rights on Divorce) Act, 1986; Parsi Marriage and Divorce Act, 1936; Special Marriage Act,1954.
Under Section 24 of Hindu Marriage Act, 1955 either of the spouses, husband or wife can be claim for maintenance and if the court gets satisfied that the applicant has no independent income sufficient for his or her livelihood. The court can grant the relief. Interim maintenance may also be claimed under Section 125 Cr.P.C by the wife during the pendency of proceeding for regarding monthly allowance for maintenance under Section 125(1) Cr.P.C. Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant’s lifetime or until he/she remarries or remains chaste.
Hindu Adoption and Maintenance Act, 1956, Section 18 – Hindu wife is entitled to be maintained by her husband during her lifetime. Wife also has a right to separate residence and maintenance if any of the condition in Section 18(2) [desertion, cruelty, leprosy, any other wife/ concubine living in the same house, conversion of religion or any other reasonable cause] is fulfilled until she remains chaste or does not convert to other religion.
Criminal Procedure Code, 1973, Section 125 – This section provides for maintenance not only to the wife but also to child and parents. Court may order a husband who has sufficient means but neglects or refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to her. However, wife shall not be entitled to receive maintenance if she is living in adultery, or refuses to live with husband without any sufficient reasons, or living separately with mutual consent.
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 – A divorced Muslim woman is entitled to a reasonable and fair provision and maintenance to be paid to her within the iddat period by her husband.
Parsi Marriage and Divorce Act, 1936, Section 40 – A Parsi husband or wife may apply to the Court under this section whereupon the Court at the time of passing any decree under the Act or anytime subsequent thereto order that the defendant pay the plaintiff a gross or monthly sum for his/her maintenance and support. The order may also be rescinded or modified if the party in whose favour the order was made remarries; or in case of wife, she does not remain chaste; or in case of the husband, he has sexual intercourse with any woman outside the wedlock.