MAINTENANCE

ABSTRACT

Maintenance comprises support, financial aid to the dependent spouse/children after divorce. It is a key part of family law intended to provide financial protection for dependents both spouses and children particularly in the event that domestic responsibility has been disparaged by either divorce or other changes within family relationships.

Maintenance in a legal sense, is periodic payment of money from one party to the other. Another example is spousal maintenance (often referred to as alimony) which provide money from one spouse to the other if in case the married couple cannot is unable to support themselves financially after separation or divorce. This duty is regulated by different statues, like The Hindu Marriage Act, 1955; Muslim Women (Protection Rights on Divorce) Act 1986; Special Marriage Act, 1954(Law governing Inter-Religious marriages).

Child support, which is another essential part of maintenance guarantees that the children receive financial assistance from their parents regardless of whether they live with, one parent or both. Just as the Hindu Adoption and Maintenance Act, 1956 or Juvenile Justice (Care and Protection of Children) Act, 2015 facilitates bare minimum support from parents to posterity based on nurture responsibility of progenitors towards filial needs.

Working as a companion to social ethics, the idea of maintenance is born out and tries averring destitution & suffering among dependents. This is both a legal and social obligation that shows the duty of care towards those from whom others have to depend for financial support. A maintenance law is administered through family courts with an option of modification subject to change in circumstances so as to secure flexibility and fairness.[1]

The main objective of this article is to deeply go through- what maintenance is, provisions of maintenance under various statutory laws including personal laws. Modern trends of maintenance and gender neutrality of maintenance, challenges in implementation of such changes. This article also focuses on the concept of live-in relationship and maintenance and challenges faced by parties of live-in relationship.

KEYWORDS

Maintenance Law, Statutory Laws, Financial Support, Women, Children Maintenance, Live-In Relationship And Maintenance.

INTRODUCTION

The term Maintenance is derived from the Latin word manus tenēre which means “to hold in the hand” , therefore manus means (with/in/by hands) and tenēre means (to hold).

Maintenance, as defined by Black’s Law Dictionary, amongst others, refers to sustenance, support, assistance, aid. The furnishing by one person to another, for his or her support, of the means of living, or food, clothing, shelter, etc. particularly where the legal relation of the parties is that one is bound to support the other, as between father and child, or husband and wife. Although the term primarily means food, clothing and shelter, it has also been held to include such items as reasonable and necessary transportation or automobile expenses, medical and drug expenses, utility and household expenses.

Alimony and maintenance are terms of English Matrimonial Law and have technical meaning. According to Corpus Juris, “alimony” is defined as the allowance required by the law to be made to the wife out of her husband’s estate for her support either during the matrimonial suit or on its termination, where the fact of marriage is established and she proves herself entitled to separate maintenance. In English Law in recent years the alimony and maintenance have developed into, what is called “financial provisions” and “property adjustments” and maintenance may be claimed by either party against the other.

According to Article 171 of the Civil Code, 1867, the word ‘maintenance’ means all that is indispensable for the sustenance, habitation, and clothing, and in case of minor, also the bringing up of and education of the person maintained. Article 178 of the same Code provides that the maintenance shall be proportionate to the means of the one who has to provide it and to the needs of the one who will receive it. It, therefore, is needs-based as far as the needs of the receiver are concerned, and it is means-based as far as the means of the provider are concerned.[2]

LEGAL FRAMEWORK

The maintenance provisions under Indian law and the Constitution aim to uphold human dignity, support vulnerable groups, and promote gender equality. They reinforce familial responsibilities, provide legal recourse, and align with constitutional principles, ensuring financial support and social justice for those in need, thereby fostering a more equitable society. The maintenance is addressed within the context of the various statutes, legal framework and Constitution of India.

In Hindu law, maintenance is defined under the provisions of Section 3(b)[3], and Section 18 to 22 of The Hindu Adoption and Maintenance Act, 1956; Section 24 & 25 of The Hindu Marriage Act, 1955; In Muslim Law, maintenance is known as “Nafaqah” and provisions were mentioned under Section 3 to 5 of Muslim Women (Protection of Right on Divorce) Act, 1986; In Special Marriage Act, 1954- Section 36 to Section 39;

Maintenance Under Other Applicable Legislations like: In Divorce Act, 1869: Section 37 & Section 38; In Christian Marriage Act 1872 (Section 37 of The Indian Divorce Act, 1869); In Parsi’s Marriage and Divorce Act, 1865- Section 40 & 41; Section 125 of Code of Criminal

Procedure acknowledges maintenance- now Section 144 of The Bharatiya Nagarik Suraksha

Sanhita (BNSS), 2023; Section 20 & 22 of The Protection of Women from Domestic Violence Act, 2005; Section 4 to Section 10 & Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 8, 32, 33, 36, & 40 of The Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 7 and Conciliation and Mediation methods mentioned under the Indian family courts Act, 1984 also deals with the maintenance.

In constitution of India, Fundamental Right Article 15(3) and Article 21; Directive Principles of State Policy (Article 39, 39(a), 41) empowers maintenance to every citizen of India as a constitutional right. [4] [5]

These are some provisions which acknowledge maintenance under various statutory laws and constitutional laws. With the help of these provisions one can demand for maintenance and other is liable to pay, but in case of Children- nowadays both parents are liable to maintain their children whether separated or divorced as it’s obligatory duty of both the parents.

MODERN TRENDS AND GENDER- NEUTRAL MAINTENANCE LAW

India’s maintenance environment is progressively changing to align with contemporary styles and a rising emphasis on gender parity. In India, maintenance laws were traditionally created primarily to safeguard women, especially in situations when marriages had broken down. Nonetheless, there has been a shift toward more inclusive and gender-neutral methods due to shifting social dynamics.

Gender Neutral Maintenance Law

Men may also be entitled to maintenance under certain situations, despite the fact that Indian law has historically favoured women in maintenance disputes. In situations where the wife is financially independent and the husband is unable to support himself, courts are starting to consider claims from husbands.[6]

Section 125 CrPC: Although this section has historically been used by women, it is legally gender-neutral and permits maintenance to be sought by any individual (male or female) who is unable to support themselves. Though these situations are still uncommon, the courts have begun to apply this in cases involving men. NOW Section 144 of The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the order for maintenance of wives, children and parents. And is similar to the Section 125 of CrPC.

Maintenance of Men

In certain cases, husbands have received maintenance awards from the courts. In these situations, the courts take into account things like the wife’s financial situation, the husband’s lack of income, and any infirmities that would make it difficult for the husband to work.

In some instances, husbands have received maintenance awards from the courts. In these situations, the courts take into account things like the wife’s financial situation, the husband’s lack of income, and any infirmities that would make it difficult for the husband to work.

Evolution of Dependency

In India, we have seen how progressively gender equality in some matters or areas has been developed. Women’s now days wanted to be financially independent and want to stand on their own feet. Traditionally, wives were totally dependent on their husbands; they have seek permission for everything they do in day-to-day life. But now the time has changed, male members of the family like husband, father, brother, etc. support their wives, mother, sister to be independent and be their own boss. They encourage the women to become responsible, earn some decent amount so that they don’t have to beg or ask for money.

This also promotes gender equality, women empowerment, sense of responsibility, awareness, non-discriminatory society.

Increased Focus on Child’s Welfare

There are some instances, where court has stated that it is a equal responsibility of both the parents to maintain their child. Court has increasingly insisted on sharing of financial responsibility, regardless of which parent has custody. Earlier, custody battles which were almost won by mothers, but now the modern approach emphasizes the gender- neutral outcomes with maintenance order, reflecting the financial capacity of both the parents.

Changing Societal Norms and Judicial Interpretation

An increasing number of Indian courts are considering maintenance statutes with equity and equality in mind. This embraces not only the amount of maintenance but also its duration and the circumstances surrounding its award. A number of verdicts have demonstrated a willingness to break away from strict traditional norms, acknowledging the complexity of contemporary relationships and the requirement that laws change to reflect them.

Challenges in Implementation

Enforcing maintenance orders is difficult despite the trend towards gender equality, particularly for men who may experience social stigma. More accessibility and understanding are still required, particularly for males who may be entitled to maintenance but are hesitant to seek their rights.

Case Laws

In the landmark case of Manoj Kumar v. Champa Devi (2020[7]), the Supreme Court upheld the principle that maintenance laws should be gender-neutral. The court emphasized that if a husband is unable to sustain himself and the wife is earning, the husband is entitled to maintenance.

In Rajnesh v. Neha (2020)[8], the Supreme Court provided comprehensive guidelines on maintenance, emphasizing the need for gender equality in maintenance matters and the importance of considering the husband’s claim if he is financially dependent on the wife.

The Delhi High Court in Kusum Sharma v. Mahinder Kumar Sharma (2020) [9]ruled that a husband is entitled to maintenance if he is unable to earn due to physical or mental incapacity and the wife is financially capable.

LIVE- IN RELATIONSHIP & MAINTENANCE

A live-in relationship is a long-term, marriage-like living arrangement in which an unmarried couple shares a home. Based on mutual consent, this kind of relationship usually entails sharing a home and day-to-day activities without formally recognizing the partnership as a marriage. [10]
Some of the qualities of Cohabitation Partnerships:

Mutual Consent: The partnership is entered into voluntarily by both parties.
Cohabitation: Living in the same home, the couple shares daily routines and duties.
Exclusive and Intimate Relationship: The relationship is exclusive and intimate, much like a married couple’s.

Duration: Although it might vary, the relationship is often long-term.
Public Perception: The couple might appear to be in a committed relationship akin to marriage in social situations.

Legal Age and Marital Status: Either parties must be of legal age to marriage or otherwise qualified to enter into legal marriage, including be unmarried or divorced.

Legal Recognition

The SUPREME COURT OF INDIA acknowledged and the existence of Live-in Relationship in the landmark judgment of S. Khushboo vs. Kanniammal (2010[11])and stated that the live-in relationship is safeguard by the Article 21 of Indian Constitution which guarantees the right to life and personal liberty.

Further in the Landmark judgment case of D. Velsuamy vs. D. Patchaiammal (2010)[12], The SUPREME COURT OF INDIA states that under the certain circumstances, a live-in relationship may be regarded as similar to marriage and the women may be entitled to maintenance under the Domestic Violence Act.

Later, In Indra Sarma vs. V.K.V Sarma (2013)[13], The Supreme court clarified that not all live-in relationship would be considered as marriage. It ought to be similar to marriage, ongoing and in the essence of marriage for a long period of time.

Rights In Live-In Relationship

Individuals in cohabitation partnerships or live-in relationships are entitled to some rights such as the right to maintenance, but they do not have the same legal rights and obligations as married couples.

Maintenance Right: According to the Supreme Court’s judgments, women in live-in relationships are entitled to maintenance under the Domestic Violence Act, 2005, treating them similarly to wives in traditional marriages. However, the relationship must fulfill the requirements set forth by the PWDVA and the courts in order for maintenance to be awarded.[14]

Inheritance Right: Co-habitant partners do not have automatic inheritance right under the Hindu Succession act, Muslim Personal law, or Christian Personal Laws. Those rights are usually limited to legally married spouses and Blood relatives. To ensure inheritance , live-in partners must rely on wills or other legal instruments.

Property Rights: If both parties live together, they may be entitled to any shared assets or property that has been acquired throughout the partnership. They are not automatically entitled to any property that they acquire together. If they can prove that they made a contribution to the property’s maintenance. or acquisition, they might be entitled to claim a portion of it. [15]

Children and Custody: Children born out of a live-in relationship are treated as legitimate child and a coparcener and has the inheritance right and some other same right as children born to married parents. In terms of inheritance rights, children born into or out of wedlock are treated equally under Section 16 of the Hindu Marriage Act, 1955 and Hindu Succession Act, 1956, Muslim Personal law, and Indian Succession Act, 1925 (which applies to Christians). [16]

Challenges

Social Aspects: In many rural and conservative areas of India, in particular, live-in relationships continue to be stigmatized. Living together can expose a couple to prejudice, criticism, and social exclusion from friends, family, and society as a whole.

Cultural Norms: In India, marriage is strongly encouraged by traditional cultural standards, which see it as the sole acceptable form of committed relationship. Because live-in relationships oppose these expectations, they encounter resistance and are not accepted.

Legal Framework: Although the Domestic Violence Act offers certain protections and the Supreme Court has acknowledged live-in partnerships, there is no comprehensive legislative framework that governs the rights and responsibilities of partners in live-in relationships.

Proof of Relationship: It can be challenging to prove the presence and character of a live-in relationship for legal reasons. In contrast to marriage, which is legally recognized, live-in partnerships frequently do not. This makes it challenging to demonstrate cohabitation and shared duties.

CONCLUSION

India’s maintenance laws are undergoing a major transition that reflects the shifting social dynamics and the country’s increased focus on gender equality. These rules have historically been largely intended to safeguard women, especially in situations when marriages had failed. This was primarily because, in the past, women were frequently financially dependent on their husbands, necessitating the need for maintenance as a safety net. However, there is a commensurate change in the interpretation and application of maintenance laws as societal attitudes change and women become more financially independent.

The shift toward gender-neutral maintenance laws is one of the most noteworthy developments in this changing environment. Courts in India are starting to acknowledge that males may also be eligible for maintenance, particularly where the wife is the primary provider and the husband is unable to support himself. This shift is supported by legal provisions like Section 125 of the Criminal Procedure Code (CrPC) now Section 144 of The Bharatiya Nagarik Suraksha Sanhita (BNSS),2033, which, while traditionally used by women, is legally gender-neutral and allows any person unable to maintain themselves to seek maintenance.

Furthermore, child welfare is receiving more attention, with courts highlighting the equal financial responsibility that both parents—regardless of gender—share for their children. This newer method also applies to cohabiting couples, which courts are starting to accept even if they haven’t historically. Under some circumstances, women in live-in relationships are entitled to maintenance, which reflects a wider acceptance of different family forms.

Even with these positive developments, problems still exist. The social stigma and general lack of awareness around maintenance orders can make them difficult to enforce, particularly for men. Moreover, despite growing legal acceptance, live-in partnerships continue to encounter legal uncertainties and cultural opposition.

To tackle the social stigma and legal obstacles related to maintenance orders and cohabitation, a comprehensive strategy is necessary. Key steps involve increasing awareness, enhancing legal structures, and encouraging societal acceptance. Assistance from non-governmental organizations, the media, and legal experts can empower individuals to navigate these challenges with greater confidence. By making conversations about these issues more commonplace and advocating for legal safeguards, society can ensure the fair implementation of maintenance orders and the acknowledgment and respect of live-in relationships, thereby advancing equality and justice for everyone.

REFERENCES

[1] https://www.journalijar.com/uploads/221_IJAR-19687.pdf

[2] https://www.researchgate.net/publication/362663500_Research_Paper_on_Law_relating_to_maintenance_in_India_with_special_reference_to_Uniform_Civil_Code

[3] https://www.freelaw.in/legalarticles/Maintenance-laws-in-India

[4] https://lawbhoomi.com/maintenance-laws-in-india/

[5] https://districts.ecourts.gov.in/sites/default/files/1-Maintenance%20-%20by%20Smt%20YJ%20Padmasree.pdf

[6] https://aishwaryasandeep.in/alimony-and-maintainence-laws-in-india-a-comprehensive-over-view/

[7] Manoj Kumar vs. Champa Devi 2018 12 SCC 748

[8] Rajnesh vs Neha AIR 2021 SC 569, AIRONLINE 2020 SC 91

[9] Kusum Sharma v. Mahinder Kumar Sharma 2015 SCC Online Del 6793, (2015) 217 DLT 706

[10] https://www.ijfans.org/uploads/paper/da75cab542f199312d01abb2d6c355fa.pdf

[11] S. Khushboo v. Kanniammal (2010) 5 SCC 600.

[12]D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469

[13]Indra Sarma vs. V.K. V. Sarma (2013) 15 SCC 755

[14] https://www.linkedin.com/pulse/live-relationship-rules-india-legal-rights-person-abhinav-mukundhan-wjw8f

[15] https://www.linkedin.com/pulse/live-relationship-rules-india-legal-rights-person-abhinav-mukundhan-wjw8f

[16] https://www.linkedin.com/pulse/live-relationship-rules-india-legal-rights-person-abhinav-mukundhan-wjw8f

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.