Maintenance is defined as “the basic financial support to wife by the husband when she is unable to maintain and provide food, clothing, and shelter to herself and her children”. Wife Rights Under the Indian laws, a husband is liable to pay maintenance to his wife all throughout the life. It is not only a legal obligation but moral obligation too.
Maintenance to wife is a crucial aspect of divorce in India. Often, divorcing couples are confused about the concept of maintenance and find themselves in great problems when a maintenance petition comes into the picture. Usually, a wife is entitled to claim maintenance from her husband before, during and after the divorce, but there are certain cases when the wife is not allowed to claim maintenance.
The court considers various factors when determining the husband’s liability and amount of maintenance to be paid to the wife such as
- the husband’s income
- the wife’s income
- husband’s dependants, and
- the laws applicable over them.
Cases When Wife Is Not Entitled To Claim Maintenance
Under the Hindu Laws, the husband is not liable to pay maintenance to his wife in the following cases:
- The wife has converted to another religion and has ceased to be a Hindu.
- The wife has committed adultery. If the wife is unchaste and has indulged in physical relations with another man.
- The wife has remarried after the divorce. She has to claim maintenance from the new spouse.
The husband can also contest a maintenance petition if the wife is employed and earning sufficiently. However, the courts would still consider her capability to maintain her children if she is unable to do so with her salary. Also, a wife who is earning does not become disqualified on the grounds of her employment. If the salary of the wife is not sufficient to maintain the lifestyle she enjoyed before her divorce, the courts will hold the husband liable to pay maintenance to her.
Maintenance Under Domestic Violence Act
Recently, the High Court has held that – “a wife cannot be entitled to get maintenance from her estranged husband under the Domestic Violence Act unless she has actually been subjected to any of the acts or conduct defined as ‘domestic violence’ under the Act”. Under the Domestic Violence Act, a wife can only claim maintenance if it is proved that the husband had subjected her to any act of domestic violence. If any act of domestic violence could not be proved, then the wife cannot claim maintenance under the Domestic Violence Act.
Maintenance under Muslim law
A Muslim woman becomes disqualified from claiming maintenance from her husband in the following instances:
- The wife has not attained Majority/puberty.
- The wife has abandoned her husband and marital duties with sufficient reason. If the wife leaves her husband without sufficient reasons.
- The wife has eloped with some other man. If she leaves her husband for another man, the wife is no longer entitled to her right to claim maintenance.
- The wife disobeys the reasonable commands of her husband.
A husband can contest the maintenance petition filed against him by the wife on the grounds that she is no longer entitled to claim maintenance as per the applicable laws in India.
For Divorce Related Disputed in Faridabad you can contact –
Advocate Sunil Kumar Bakshi,
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
