Skip to main content

Family Law - Maintenance

This page provides an overview of maintenance rights and obligations under Indian family law, specifically focusing on the concept of maintenance as discussed in the document ../docs/Law/Family Law/5 Maintenance.md.

Maintenance is governed primarily by the Hindu Marriage Act, 1955 (HMA) and the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Key sections include:

  • Section 18 of HMA: Provides for maintenance orders
  • Section 24 of HMA: Covers interim maintenance during pendency of proceedings
  • Section 125 of Criminal Procedure Code: Applies to cases where no specific provision exists

Types of Maintenance​

  1. Interim Maintenance

    • Awarded pending final disposal of divorce proceedings
    • Can be granted ex parte if necessary

  2. Permanent Maintenance

    • Awarded after final decree of divorce
    • May be modified later based on changed circumstances

  3. Custodial Maintenance

    • For children whose parents are unable to maintain them

  4. Alimony Pendente Lite

    • Maintenance awarded during ongoing litigation

Case Laws​

Smt. Josephine Abraham vs. George Abraham (1993)​

  • Supreme Court ruling on quantum of maintenance
  • Held that courts should consider the standard of living of the parties at the time of marriage

Smt. Kishore vs. Smt. Sudha (1996)​

  • Delhi High Court case on maintenance for mentally ill spouse
  • Emphasized the importance of considering the mental condition of the spouse when awarding maintenance

Calculation of Maintenance​

When calculating maintenance, courts consider factors such as:

  • Income and earning capacity of both spouses
  • Standard of living during marriage
  • Age and health conditions of the parties
  • Number and needs of children

Recent Developments​

The Supreme Court in the case of Rajesh Agarwal vs. Vandana Agarwal (2019) emphasized the importance of considering the "standard of living" of the parties at the time of marriage when determining quantum of maintenance.

Conclusion​

Maintenance plays a crucial role in ensuring economic support for individuals and families under Indian family law. Understanding the legal framework, types of maintenance, and relevant case laws is essential for students studying Law and LLB programs. This knowledge helps in providing effective assistance to clients seeking maintenance rights or obligations.

Remember to consult the latest amendments and judicial interpretations when applying these principles in real-life scenarios.