This article is written by Shiny Raza of Chhatrapati Shahu Ji Maharaj University, an intern under Legal Vidhiya
Abstract
In Hindu law, a woman is entitled to maintenance from her husband, and in some cases, from her parents or children. Maintenance includes the provision of food, clothing, and shelter, as well as other necessities such as medical expenses.
Enforcement of maintenance entitlement can be challenging, particularly in cases where the husband is unwilling or unable to provide support. Legal remedies are available to women, including filing a case for maintenance in court, but many women face social and economic barriers that make it difficult to access justice.
The Hindu Adoption and Maintenance Act of 1956 provides for the maintenance of wives, children, and aged parents. In addition, the Protection of Women from Domestic Violence Act of 2005 recognizes the right of women to live a life free from violence and abuse, and provides for the award of maintenance to victims of domestic violence.
Efforts are being made to improve the enforcement of maintenance entitlement for Hindu women, including the establishment of special courts and the provision of legal aid services. However, there is still a long way to go in ensuring that women are able to access their rights to maintenance and financial security.
KEYWORDS
Maintenance, entitlement, hindu women, financial, support
Introduction
Maintenance entitlement refers to the right of a person to receive financial support from their spouse, parents, or children to meet their basic needs such as food, clothing, and shelter. This entitlement is especially relevant in cases where the person is unable to support themselves due to illness, disability, old age, or other circumstances.
In Hindu law, women have a right to maintenance from their husbands. This right is enshrined in the Hindu Marriage Act, 1955, which provides for the maintenance of wives, children, and aged parents. The Act imposes a legal obligation on the husband to provide for the basic needs of his wife, including food, clothing, and shelter.
The enforcement of maintenance entitlement for Hindu women can be done through legal means. A woman who is entitled to maintenance can approach a court and file a petition for maintenance. The court may then pass an order directing the husband to pay maintenance to the wife on a monthly basis.
The enforcement of maintenance entitlement is important to ensure that women have access to the basic necessities of life and are not left destitute or without support. It is a crucial aspect of gender equality and the protection of women’s rights in society.
Maintenance Entitled to Hindu Women
In Hindu law, women are entitled to maintenance from their husband or their husband’s family under certain circumstances. The right to maintenance is recognized under the Hindu Marriage Act, 1955, and the Hindu Adoptions and Maintenance Act, 1956.
Under the Hindu Marriage Act, a wife is entitled to maintenance from her husband if he fails to provide for her or if he deserts her. Similarly, a husband is entitled to maintenance from his wife if he is unable to maintain himself or if he suffers from a physical or mental disability.
Under the Hindu Adoptions and Maintenance Act, a Hindu wife is entitled to maintenance from her husband during her lifetime if she is unable to maintain herself. The amount of maintenance depends on various factors such as the husband’s income, the standard of living of the parties, and the wife’s own income and expenses.
It’s important to note that the specific rules and procedures for maintenance entitlements for Hindu women can vary depending on the country or jurisdiction in which they reside. It’s always advisable to consult with a local legal expert for more specific information about these issues.
Enforcement of Maintenance for Hindu Women
Maintenance enforcement for Hindu women is governed by the Hindu Marriage Act, 1955, which provides for the right of a wife to claim maintenance from her husband in certain circumstances. Under the Act, a husband is obliged to maintain his wife during their marriage and in the event of separation or divorce.
Section 24 of the Hindu Marriage Act provides for interim maintenance to be paid by the husband to his wife during the pendency of any legal proceedings for divorce or judicial separation. The amount of maintenance is determined by the court based on various factors such as the income and expenses of both parties, the standard of living of the parties, and the needs of the wife.
Section 25 of the Act provides for permanent maintenance to be awarded to the wife after the decree of divorce or judicial separation is granted. The amount of permanent maintenance is also determined by the court based on the same factors as mentioned above.
It is important to note that maintenance is a legal right of the wife and can be claimed even if the husband does not want to provide it voluntarily. The wife can approach the court for the enforcement of her maintenance rights if the husband fails to provide maintenance despite a court order.
In addition to the Hindu Marriage Act, other laws such as the Protection of Women from Domestic Violence Act, 2005, and the Hindu Adoption and Maintenance Act, 1956, also provide for maintenance rights of women.
Types of Maintenance
On consideration of factors by the competent court, maintenance can be granted on the following basis-
- Temporary Maintenance: It is also known as maintenance pendente lite which is granted by the courts during the continuation of proceedings of divorce. The reason is to fulfil the necessity of the spouse who is a party to the proceedings. On satisfaction, the court may grant it. Section 24 of Hindu Marriage Act,1955 deals with this kind of maintenance. Further can be claimed under Section 125(1) of CrPC.[1]
- Permanent Maintenance: It refers to the sum which is granted on a continuing basis once the divorce is granted. Section 25 of Hindu Marriage Act, 1955. Either of a spouse is entitled to receive it.
Objective of Maintenance: Entitlement and Enforcement for Hindu Women
The objective of maintenance entitlement and enforcement for Hindu women is to ensure that they are provided with financial support from their husbands or ex-husbands in cases where they are unable to support themselves financially. This is especially important in situations where the woman is divorced, separated, or widowed and has no means of income to support herself.
The maintenance entitlement for Hindu women is based on the principle of providing for the basic needs of the wife or ex-wife, such as food, clothing, and shelter. It is considered to be a legal obligation of the husband to provide for his wife or ex-wife, and failure to do so can lead to legal action.
Enforcement of maintenance entitlement for Hindu women is necessary to ensure that husbands comply with their legal obligations and that women are not left without financial support. This can be done through legal proceedings, such as filing a maintenance petition in court, and imposing penalties or fines on husbands who fail to comply.
Obligation to Maintain Wife Under Hindu Marriage Act, 1955[2]
Under the Hindu Marriage Act, 1955, a husband has an obligation to maintain his wife during the subsistence of the marriage. This obligation continues even after the dissolution of the marriage, if the wife is unable to maintain herself.
Section 18 of the Act provides that a wife is entitled to live separately from her husband without forfeiting her right to maintenance if the husband is guilty of cruelty, desertion, or any other matrimonial offense. In such cases, the wife may approach a court for an order of maintenance.
The amount of maintenance payable to the wife depends on various factors such as the husband’s income, the standard of living of the parties, the needs of the wife, and the ability of the husband to pay. The court may also take into account the age and health of the parties, the duration of the marriage, and any other relevant factors.
It is important to note that the obligation to maintain a wife under the Hindu Marriage Act is not limited to the husband alone. Under Section 20 of the Act, the wife is also obliged to maintain her husband if he is unable to maintain himself due to any physical or mental disability, or other reasonable cause.
Obligation to Maintain Wife Under Section 125 of Cr.P.C
Section 125 of the Code of Criminal Procedure (CrPC) provides for the maintenance of wives, children, and parents who are unable to maintain themselves. This section recognizes the responsibility of a husband to provide for his wife.
Under this section, if a husband neglects or refuses to maintain his wife who is unable to maintain herself, the wife can apply to a Magistrate for an order of maintenance. The Magistrate may order the husband to make a monthly allowance for the maintenance of his wife, taking into consideration the wife’s needs and the husband’s ability to pay.
It is important to note that the obligation to maintain a wife under Section 125 of the CrPC is not limited to only legally married wives. The section also applies to women who are in a live-in relationship with a man as long as they fulfill certain conditions laid down by the Supreme Court in various judgments.
Furthermore, the obligation to maintain a wife under Section 125 is a continuous one, and the husband is expected to provide for his wife until she is able to maintain herself or until their marriage is dissolved.
Non-compliance with an order of maintenance issued under Section 125 of the CrPC can result in the husband being punished with imprisonment for a term which may extend up to one month, or until he complies with the order, whichever is earlier.
Case Laws
Jaiminiben Hirenbhai Vyas & Another v. Hirenbhai Rameshchandra Vyas & another (2015)[3]
Jaiminiben Hirenbhai Vyas & Another v. Hirenbhai Rameshchandra Vyas & Another is a case decided by the Supreme Court of India in 2015. The case involved a dispute between two brothers over the ownership of a property.[4]
The dispute arose when the elder brother, Hirenbhai Rameshchandra Vyas, executed a gift deed in favor of his son, transferring ownership of the property to him. The younger brother, Jaiminiben Hirenbhai Vyas, challenged the validity of the gift deed, claiming that it was executed under undue influence and coercion.
The Supreme Court held that the burden of proving undue influence and coercion was on the plaintiff, Jaiminiben Hirenbhai Vyas, and that she had not been able to establish it. The Court also noted that there was no evidence to suggest that the elder brother did not have the capacity to execute the gift deed or that he was not acting of his own free will.
The Court, therefore, upheld the validity of the gift deed and held that the property belonged to the son of the elder brother. The Court also noted that the younger brother had been residing in the property without paying rent and directed him to vacate the property within six months.
Overall, the case highlights the importance of establishing evidence to support claims of undue influence and coercion in disputes over property ownership.
RANI SETHI V. HIGH COURT OF DELHI(2011)[5]
In this case husband filed petition for divorce from his wife and further court has ordered wife to give maintenance of Rs.20,000 and Rs.10,000 as litigation expenses. Further court given following grounds:-
- Wife on receiving the order approached the court, where the scope of Section 24 of Hindu Marriage Act,1955 can be applied. And it was held that the scope of that provision is to provide support to the one spouse who is incapable of earning an independent income.
- Further it was held that the term “support” shall not be construed in a narrow sense and thus, it includes not only bare subsistence. It aims to provide a similar status as that of the respondent spouse. Thus, considering all the facts and circumstances, the appeal of wife was dismissed.
- Though Section of the above said Act provides sufficient right to both husband and wife to move an application before the court for seeking maintenance, if they do not have an independent source of income and have been solely dependant upon his/her spouse. But this section cannot be applied in such a manner where husband is though capable of independent income and intentionally for the purpose of depending on his wife. In such a case you cannot move application regarding maintenance. This was held by the Madhya Pradesh High Court in the case of Yashpal Singh Thakur V. Smt. Anjana Rajput where husband incapacitated himself by stopping to run an auto rickshaw. Hence, where a person intentionally incapacitates himself he loses the opportunity to file an application for seeking maintenance.
Mohd Ahmad Khan V. Shah Bano Begum AIR 945 SC 1985[6]
This was a landmark case which created a history which clearly dealt with the clarifying the scope of Section 125 and which proved to be a milestone specifically in the struggle for the rights of Muslim women. Facts of the case are as follows:
- In the year 1975, at the age of 62 years, with 5 children, Shah Bano was disowned by her husband.
- Her husband refused to grant her maintenance on the ground that there is no specific provision on granting maintenance to the wife after divorce in Muslim Law.
- She had no source of income and because at this age she was incapable of maintenance herself and her children also. Thus she filed a petition for claiming maintenance.
The issue raised before the court was whether Section 125 of CrPC applies for Muslim women or not. Supreme court on the following reasons rejected Mohd Ahmed’s plea of not granting alimony:
- Court further held that without any discrimination the provision applies on Muslim women also.
- The concept that a husband is only responsible for the wife during the period of Iddat cannot overrule the provision of Section 125 of CrPC.
- Merely a triple talaq cannot take away the right of divorced muslim women from seeking maintenance if she is not in a condition to maintain herself and her children because of no independent source of income.
Conclusion
The issue of maintenance and entitlement for Hindu women is a complex and sensitive topic that requires careful consideration of various legal, social, and cultural factors. In general, maintenance refers to the financial support provided by a husband to his wife in the event of a divorce or separation, while entitlement refers to the legal right of a wife to claim maintenance from her husband.
In Hindu law, maintenance is governed by several statutes, including the Hindu Marriage Act, the Hindu Adoption and Maintenance Act, and the Protection of Women from Domestic Violence Act. These laws provide for the right of a wife to claim maintenance from her husband, regardless of whether she is living with him or not, and also specify the factors that need to be taken into account while determining the quantum of maintenance.
However, despite these legal provisions, the enforcement of maintenance orders remains a challenge, particularly in cases where the husband is unwilling or unable to pay. This is often compounded by social and cultural factors, such as the stigma attached to divorce or separation, the lack of financial independence of women, and the patriarchal attitudes prevalent in society.
To address these issues, there is a need for greater awareness and sensitization among all stakeholders, including the judiciary, legal practitioners, social workers, and the general public. There is also a need for more effective implementation of the existing legal provisions, and for the development of new policies and programs aimed at empowering women and promoting gender equality.
In conclusion, while there are legal provisions in place to protect the rights of Hindu women with regard to maintenance and entitlement, the effective enforcement of these provisions remains a challenge. Addressing this issue requires a concerted effort from all stakeholders, including the government, civil society organizations, and the general public, to create a more equitable and just society for all.
[1] Section 24 of Hindu Marriage act,1955 and Section 125 of Criminal Procedure Code,1974
[2] Reference: Hindu law
[3] SLP (Crl.) No. 3345 of 2013)
[4] Reference: Indiankanoon.in
[5] 179 (2011) DLT 414
[6] 1985 AIR 945
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