Introduction

• The maintenance generally covers the expenses for essentials for the substance of life. However, it is not merely a right for survival of the claimant.
• The term 'Maintenance' has also been defined under Section 3(b) of the Hindu Adoption and Maintenance Act, 1956.
• It includes provision for food, clothing, shelter, and basic needs such as education and medical expenses.

Under Hindu Law Maintenance can be Claimed Under Two legislations

• The Hindu Adoption and Maintenance Act, 1956.
• The Hindu Marriage Act, 1955.

Maintenance under Hindu Adoptions and Maintenance Act, 1956

• The HAMA,1956 lays down the provisions relating to maintenance.
• This act provides rules for the maintenance of a wife, children, aged or infirm parents, widowed daughter-in-law and dependents.
• The main reason behind the provision of maintenance is to provide financial support to a divorced wife or aged parents or minor children or any other dependents for their well-being and for their sustenance needs.

Who Can Claim Maintenance Under HAMA,1956?

• Wife
• Widowed daughter-in-law
• Children (legitimate sons, illegitimate sons, unwedded legitimate and illegitimate daughter, married daughter unable to maintain herself)
• Parents
• Any other dependent person

Maintenance of Wife (Section 18 of HAMA,1956):

Section 18(1):

• Under this sub-section, the husband is obligated to maintain his wife during her lifetime.
• It is the husband's personal obligation to maintain his wife which begins with the marriage and continues throughout the marital relationship.
• It is the imperative duty of the husband to maintain a wife who resides with him.
• The husband's obligation of maintenance comes to an end only when she leaves him without any justifiable cause or his consent.

Section 18(2):

• Under this sub-section, a wife who lives separately from her husband with a justifiable cause or his consent is entitled to maintenance.
• It provides a list of grounds stating when a wife can live separately and still claim maintenance from her husband:

Wife can Live Separately, without Forfeiting Claim for Maintenance:

• If the husband has deserted her for any period of time.
• If the husband has treated her with cruelty.
• If the husband is suffering from a virulent form of leprosy.
• If he has another living wife.
• If he keeps a concubine at home or any other place.
• If he had converted to another religion.
• Any other reasonable cause apart from these.

Section 18(3):

• The wife will not be entitled to live in a separate residence if she has been unchaste or has converted to any other religion.

Maintenance of Widowed Daughter-in-Law (Section 19 of HAMA,1956):

• Section 19(1) lays down that a Hindu wife who has married before or after the commencement of this act shall be entitled to be maintained after the death of her husband by her father-in-law.

She will be Entitled to Maintenance in the Following Conditions:

• When she is unable to maintain herself out of her own earnings.
• When she is unable to obtain maintenance from the estate of:
  • Her husband
  • Her father or mother
  • Her son or daughter
• Section 19(2) states those conditions under which the father-in-law is not liable to maintain his widowed daughter-in-law:
  • When the father-in-law does not have any means to maintain her from the coparcenary property in which the daughter-in-law does not have any share, or
  • When the daughter-in-law remarries.

Maintenance of Children and Aged Parents (Section 20 of HAMA,1956):

• The act provides that a Hindu is obliged to maintain her/his children and aged or infirm parents if they are unable to maintain themselves out of their own earnings.

The term ‘children’ means –

• Minors who are below the age of 18 years;
• The term includes legitimate and illegitimate children.
• Also, the term ‘parent’ includes a childless stepmother.

Maintenance of Dependents (Section 21 and 22 of HAMA,1956):

• Section 21 and Section 22 of the act create new rights of certain persons, called dependents.
• Dependents are relatives of deceased Hindu, and they claim maintenance against the property of the deceased in the hands of heirs.
• The term heir includes all those persons on whom the estate of the deceased devolves.
• The right of dependents exists against property and not against the heirs personally.
• It does not arise during the lifetime of the person; they are termed dependents only after his or her death.

Maintenance Under Hindu Marriage Act, 1955:

• The HMA, 1955 and HAMA, 1956 initially dealt with the provisions of granting maintenance.
• Under the HMA,1955, there are 2 types of maintenance that can be claimed.

Section 24-Temporary Maintenance (Maintenance Pendente lite):

• When it appears to the court that either the wife or the husband, has no independent income sufficient for her or his support, the court may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.

Section 25-Permanent Maintenance:

• The maintenance that is granted permanently after the disposal of the proceedings for a separation or divorce is referred to as ‘Permanent Maintenance’.
• According to Section 25 of the HMA,1955, the applicant being either the husband or wife is entitled to receive his or her maintenance from the spouse in the form of a gross sum or monthly sum for a term not exceeding the lifetime of the applicant or until the applicant remarries.

Case Laws:

• Raj Kishore Mishra v. Meena Mishra (1994):
  • The Allahabad High Court held that the obligation of father-in-law shall not be enforceable if he has no means to maintain his daughter-in-law from any coparcenary property in his obsession out of which daughter- in-law has not obtained any share.
• Amar Kanta Sen v. Sovana Sen (1960):
  • The Calcutta High Court held that, even if the wife is living in adultery or unchastity, she has been provided with a starving maintenance.
  • It was also laid down that, if she is able to maintain herself, then there is no need for any kind of maintenance that has to be provided.