What is maintenance?

 Maintenance has been described in the definition clause of the act i.e., Section 3(b) as something that can provide for food, clothing, shelter, education and medical expenses.

 Basically, it is financial support paid by a husband or a father that covers all basic necessities of life.

 The section also says that if the maintenance is to be provided to an unmarried daughter, it shall also cover all the reasonable expenses required in her day-to-day life till the day she gets married.

The liability to maintain arises out of the nature of a relationship with a certain category of persons and under certain circumstances, which has nothing to do with owning or not owning a property. In certain other conditions, the liability is dependent only on owning the property. The liability in the former case is absolute and personal, arising out of a relationship while in the latter case, it is known as liability arising from an ancestral property which is limited.

Personal Liability:

The Dharma shastra lays personal liability on every Hindu to provide maintenance to certain relations. The nature, of such liability is strictly based on their mutual relations. Under the old textual law {the following relations were entitled to claim maintenance

(1) Wife,

(2) Minor children,

(3) Unmarried daughters,

(4) Aged parents

I) MAINTENANCE OF WIFE:

Either the wife or the husband may request interim maintenance under Section 24 of the Hindu Marriage Act of 1955 (hence referred to as the HM Act). The absence of an independent source of income for self-support is the foundation of the claim for interim maintenance. The amount of maintenance is not specified in the clause, and the court will use its discretion to calculate it. The claimant who does not have an independent source of income must also receive support pendente lite, and the other spouse must cover the claimant’s financial requirement for court costs.

From the time the petition is filed until the date the case is dismissed or a decree is issued, interim support is due. The purpose of interim maintenance is to provide for the petitioner’s immediate necessities. Additionally, maintenance pendente lite pays the claimant’s legal costs. The definition of maintenance in S. 3(b)(i) of the Hindu Adoption and Maintenance Act, 1956 (hereafter referred to as the HAM ACT) is “provision for food, clothing, residence, education, and medical attendance and treatment.” It also includes her wedding costs in the case of the unmarried daughter. All personal laws include provisions for perpetual maintenance, and they are essentially equivalent. There are some distinctions between the personal laws, nevertheless.

II) GROUNDS FOR AWARD OF MAINTENANCE:
Only upon proving that at least one of the grounds mentioned under the Act, exists in the favour of the wife, maintenance is granted.

These grounds are as follows:-
a. The husband has deserted her or has willfully neglected her;
b. The husband has treated her with cruelty;
c. The husband is suffering from a virulent form of leprosy/venereal diseases or any other infectious disease;
d. The husband has any other wife living;
e. The husband keeps the concubine in the same house as the wife resides or he habitually resides with the concubine elsewhere;
f. The husband has ceased to be a Hindu by conversion to any other religion;
g. Any other cause justifying her separate living;

III) QUANTUM OF MAINTENANCE

For the purpose of calculating the amount of maintenance, the means and capacity of the person against whom the award must be given should be taken into account. It is actually necessary to take into account the husband’s potential earning capacity in addition to his actual earnings because it is assumed that every able-bodied individual has the ability to support his wife. When determining the amount of maintenance, the court will take the husband’s income into consideration.

The amount to be taken into consideration is disposable income, not gross revenue. The following factors are listed in Section 23(2) of the HAM Act when determining the amount of maintenance to be paid to the wife, children, and elderly parents: the position and status of the parties, the claimant’s reasonable wants, the claimant’s ability to justify living separately, the claimant’s income, the value of the claimant’s property, and the number of people eligible for maintenance under the Act.

If the woman has engaged in an adulterous relationship or changed to a different faith, ceasing to be a Hindu, she will not be eligible for relief even if one of these grounds exists in her favour. It’s vital to remember that the marriage must be legal in order to qualify for the relief. In other words, if the union between the husband and wife is illegal, there is no matrimonial tie and the wife has no claim to maintenance. However, because of judicial activism, the presumption of marriage is given more weight in some circumstances and the maintenance restrictions are lifted.

IV) MAINTENANCE OF CHILDREN:

According to Section 20 of the HAM Act, both the mother and the father are equally obligated to support all children, both biological and adopted. The Hindu legal system is unique in that both parents are equally liable for raising the children. According to Section 20(2) of the HAM Act, minor children have a right to maintenance. Until the daughter gets married, she is still entitled to maintenance.

Her parents must cover the costs of her wedding. However, even after marriage, a daughter who has married but is still a minor may apply for maintenance under S.125 CrPC if she is unable to support herself. The children have a right to maintenance after an application has been made under sections 24 and 25 of the HM Act if the claimant is responsible for their upkeep, which means that the claimant’s right to maintenance also includes the children’s right to maintenance. The court may occasionally issue interim orders and establish provisions regarding the custody, support, and education of the minor children in any matter under the HM ACT, according to Section 26 of the Act.

In Ram Chandra Giri v. Ram Suraj Giri where the father of a minor son neglected to provide maintenance, a petition was filed under section 125 of CrPC. Thereupon the father contended that the son had a good physic and was healthy and hence he had the ability to fend for himself. The Court rejected the contention and stated that the concept of potential earning capacity cannot
be applied to, minor children as that would defeat the very purpose of legislation.

V) MAINTENANCE OF PARENTS

In addition, S. 20 of the HAM Act establishes a maintenance responsibility for elderly and disabled parents who are unable to care for themselves using their own resources, including property and earnings. The first law in India to require children to support their parents is known as the “HAM ACT.” Daughters are likewise subject to the need to maintain, in addition to sons. Both the mother and the father are entitled to maintenance claims under the HAM Act.. The explanation to this section also includes stepmother in the term parent. However, it is important to note that the section imposes an
obligation to maintain only those parents, who are unable to maintain themselves and therefore the obligation to maintain the parents other than those infirm and unable, is only moral.

Case Laws:

In the case of K. Sivarama vs. K. Bharathi any marriage in contravention of Sections 5 & 11 of the Hindu Marriage Act, cannot be considered to be a valid marriage. Such a woman cannot recourse maintenance U/S. 25 of the Hindu Marriage Act for claiming maintenance.

In the case of Ambaram v. Reshambai, the court held that although a lot of women entered into marriage without knowing about the subsistence of another marriage of her husband, although deserve sympathetic treatment awarding of maintenance U/S. 25 & if any appeal is to be made, it should be made to the legislature.

Mangala Bhivaji Lad Vs Dhondiba Rambhau Aher AIR 2010 Bom.122 Second wife not entitled to maintenance: Inherent powers are to be exercised by the Court only in the absence of statutory provisions. And not to circumvent a statutory provision. Grant of maintenance to a second wife in the exercise of inherent powers though she was not entitled to maintenance under provisions of the Hindu Marriage Act (1955) and Hindu Adoptions and Maintenance Act (1956) not permissible. Chandaram Bunkar Vs Smt. Ramadevi AIR 2010 Raj 176

Shobha Suresh Jumani Vs Appellate Tribunal, Forfeited property and another AIR 2001 SC 2288 Wife living separately entitled to claim maintenance: Section 18 of Hindu Adoption and Maintenance Act only provides that Hindu wife shall be entitled to be maintained by her husband during her lifetime ad if she is staying separately as provided under sub-section (2), she is entitled to claim maintenance from her husband.

P. Srinivasa Rao Vs P.Indira AIR 2002 AP 130 (FB) Deserted wife would be entitled to maintenance: The provisions of sections 18 and 20 cannot be interpreted in such a manner so as to defeat justice to the deserted wife and her Dependant child. Even otherwise, food, clothing residence are essential requirements for human survival. Providing such essential requirements to the wife and children is the statutory and moral duty of a husband, the same cannot be denied or postponed.

Dayali Sukhlal Sahu Vs Smt. Anju Bai Santosh Sahu AIR 2010 Chhat 80 Obligation of father-in-law to maintain daughter-in-law: Under Section 19 one of the conditions for the father-in-law to maintain the daughter-in-law is that the daughter-in-law is not able to maintain herself from the estate of her parents.