INTRODUCTION Maintenance Laws In India:
The Maintenance Laws in India under various provisions was to compel a man to perform the moral obligations, that he owes to society in respect of his wife, children and parents By offering swift and straightforward yet limited relief, these provisions aim to prevent neglected wives and children from being left impoverished and marginalized, thus avoiding their descent into vagrancy, immorality, and crime for survival. The inability of a wife, child, or elderly parent to support themselves can lead to significant social issues. Consequently, the state must intervene to prevent such inability from escalating into broader societal problems, as unchecked, it could result in widespread vagrancy.
DEFINITION:
According to the dictionary, maintenance refers to support or sustenance. This term is not explicitly defined within the marriage laws of any religious community. However, the entitlement of claiming maintenance is certainly based on the assumption that the claimant doesn’t have sufficient means to support herself. The maintenance generally covers the expenses for necessities or essentials for the substance of life. However, it is not merely a right for the survival of the claimant. This is evident from the provisions outlined in the aforementioned acts, which provide the court with guidelines on the factors to consider when determining the amount of maintenance. The court is to look into the possession of the property of both the husband and the wife, the ability of the husband to earn, the conduct of the parties and other circumstances to decide the amount of maintenance. Before determining the amount of maintenance, the court must consider the status of the parties and the standard of living they enjoyed during the marriage.
FACTORS FOR CALCULATION OF MAINTENANCE AMOUNT/MAINTENANCE:
A. Factors which are to be taken into consideration while deciding an application under section 24 of Hindu Marriage Act are:
Status of the parties.
Reasonable wants of the claimant
The independent income and the property of the claimant
The number of persons, the non-applicant has to maintain.
The amount should help the applicant maintain a lifestyle similar to what they experienced in the matrimonial home.
Non-applicants liability, if any.
Provisions for food, clothing, shelter, education, medical, attendance and treatment etc. of the applicant.
Payment capacity of the non applicant.
Some estimation may be necessary to approximate the non-applicant's income when not all sources or accurate details are disclosed.
The non-applicant to defray the cost of the litigation
B. Interim maintenance Under S.24 of the Hindu Marriage Act, 1955. Either the wife or husband can apply for interim maintenance Under S.24 of the Hindu Marriage Act, 1955 (hereinafter mentioned as HM Act). The claim for interim maintenance is based on the fact that the claimant lacks independent income to support themselves. The provision is silent on the quantum of maintenance but in accordance with the judgements the factors required to be kept in mind while awarding interim maintenance under the HM Act are as under:
Status of the parties
Reasonable wants of the claimant
The income and property of the claimant
The number of persons, the non-applicant has to maintain.
Liabilities if any, of the husband
The amount needed should enable the wife to maintain a lifestyle similar to what she had in the matrimonial home, considering her and any residing children's food, clothing, shelter, educational, and medical needs.
Payment capacity of the husband. And it is at the discretion of the court to determine the quantum. Likewise, maintenance pendente lite is granted to claimants without independent income, with the other spouse responsible for covering litigation expenses. This interim maintenance is payable from the petition's filing until the suit's dismissal or decree's issuance, aiming to address the petitioner's immediate needs. Maintenance pendente lite specifically covers litigation expenses for the claimant.
C. The means and capacity of a person against whom the award has to be made should be taken into consideration for determining the quantum of maintenance. In fact, in the case of the husband, it is not only the actual earning, but also his potential earning capacity, which must be considered i.e. there is a presumption that every able-bodied person can earn and maintain his wife. The husband's income plays a crucial role in determining the amount of maintenance set by the court. The court considers the husband's disposable income, not gross income, when determining maintenance. Section 23(2) of the HAM Act outlines factors for calculating maintenance, including the parties' status, the claimant's reasonable needs, justification for living separately, the claimant's income and property value, and the number of entitled persons under the Act. Even if one of these grounds exists in favour of the wife, she will not be entitled to relief if she has indulged in an adulterous relationship or has converted herself to any other religion. It is also important to note here that to be entitled to the relief, the marriage must be valid. In other words, if the marriage is illegal then the matrimonial relationship between the husband and wife is non-existent and therefore no right of maintenance accrues to the wife
MAINTENANCE WHEN REJECTED/CANCELLED
agreement/MOU/Mutual Consent between the husband and wife regarding maintenance.
Highly qualified wife-previous working wife
Husband is ready to take bake his wife for matrimonial Cohabitation
Unemployed husband/husband not having any income Lex non cogit ad impossibilid
Prohibited relation marriage.
Decree of restitution of conjugal rights passed in favour of husband
Resumption of cohabitation between husband and wife
Wife not stating that she is “unable to maintain herself” void marriage/marriage not proved/2nd wife/non-wife.
Adultery by divorced wife m.Suppression of material facts/non disclosure by the wife
Liability of the husband for maintenance after payment of lump sum amount Short duration of marriage
MAINTENANCE FOR LIVING TOGETHER
In S.P.S. Balasubramanyam v Suruttayan Andalli Padayachi & Ors. The Supreme Court allowed presumption of marriage u/s 114 of Evidence Act out of live-in relations and presumed that their children were legitimate. Hence, they are rightfully entitled to receive a share in ancestral property. In the instance case, Matrimonial claim her brother Muthu Reddiars property who died unmarried and intestate. In Abhijit Bhikaseth Auti v. State Of Maharashtra and Others, the positive opinion in favour of live in relationship was also seconded by Maharashtra Government in October, 2008 when it accepted the proposal made by Malimath Committee and Law Commission of India which suggested that if a woman has been in a live-in relationship for considerably long time, she ought to enjoy the legal status as given to wife.
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