What is Maintenance in Matrimonial Matters? | Procedure, Sections & FAQs

Maintenance is an important financial remedy in matrimonial matters in India. It helps a spouse or child meet reasonable living and support expenses when the person does not have sufficient independent income.

However, maintenance does not automatically mean that one spouse must receive a fixed percentage of the other spouse’s income. Instead, the court considers the facts of each case, including the income and financial resources of both parties, their needs, the standard of living, responsibilities and other relevant circumstances.

Moreover, a person can claim maintenance in different types of matrimonial and family proceedings. The applicable provision depends on the parties’ personal law, the nature of the case and the relief sought.

What is Maintenance?

Maintenance means financial support provided to a person who cannot reasonably support themselves from their own income or resources.

In matrimonial matters, maintenance may cover reasonable expenses such as:

• Food and household expenses
• Clothing
• Residence
• Medical expenses
• Education expenses
• Necessary personal expenses
• Expenses relating to children
• Legal and litigation expenses in appropriate cases

Therefore, maintenance aims to provide reasonable financial support rather than punish either spouse.

At the same time, the court considers the financial circumstances of both parties before deciding the amount.

Who Can Claim Maintenance?

Depending upon the applicable law and circumstances, maintenance may be claimed by:

Wife
Husband, in appropriate statutory circumstances
Children
Minor children
Dependent parents
A spouse during matrimonial proceedings
A divorced wife who satisfies the applicable legal requirements

However, the right to maintenance depends upon the particular statute and facts of the case.

Important Maintenance Sections in India

1. Section 144 BNSS – Maintenance of Wife, Children and Parents

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains the general criminal-procedure remedy for maintenance under Section 144.

Section 144 replaced the corresponding maintenance provision that previously appeared as Section 125 of the Code of Criminal Procedure, 1973 (CrPC).

Therefore, in current proceedings, practitioners should carefully check whether the matter falls under Section 144 BNSS.

Why is Section 144 BNSS important?

It provides a relatively summary mechanism for obtaining maintenance.

Furthermore, the provision addresses situations where a person with sufficient means neglects or refuses to maintain a wife, child or parent who cannot maintain themselves, subject to the statutory conditions.

2. Section 24 of the Hindu Marriage Act, 1955

Section 24 of the Hindu Marriage Act (HMA) deals with maintenance pendente lite and expenses of proceedings.

This provision can apply when either the husband or wife does not have sufficient independent income to support themselves and meet necessary litigation expenses.

Therefore, Section 24 is important during the pendency of matrimonial proceedings under the HMA.

The court can consider an application for:

• Maintenance during the proceedings
• Expenses of the matrimonial proceeding

3. Section 25 of the Hindu Marriage Act, 1955

Section 25 deals with permanent alimony and maintenance.

The court may consider granting permanent alimony or maintenance at the time of passing a decree or subsequently, subject to the statutory requirements.

4. Section 20 of the Hindu Adoptions and Maintenance Act, 1956

Section 20 deals with maintenance of children and aged parents. Accordingly, the provision can become relevant in family disputes involving dependent children or parents.

5. Special Marriage Act, 1954

The Special Marriage Act, 1954 also contains provisions concerning maintenance and permanent alimony.

For example, Section 36 deals with alimony pendente lite, while Section 37 deals with permanent alimony.

Therefore, the applicable maintenance provision depends upon the law under which the matrimonial proceedings take place.

Difference Between Interim Maintenance and Permanent Alimony

Maintenance generally falls into two broad categories.

Interim Maintenance

Interim maintenance provides financial support during the pendency of a proceeding.

For example, a spouse may seek maintenance while a divorce or other matrimonial case remains pending.

It may also include litigation expenses where the applicable law permits such relief.

Permanent Alimony

Permanent alimony generally concerns financial support granted at or after the conclusion of matrimonial proceedings, subject to the relevant statute.

Thus, interim maintenance and permanent alimony serve different stages of the matrimonial dispute.

How is Maintenance Amount Decided?

There is no universal formula that automatically determines maintenance as a fixed percentage of the earning spouse’s salary.

Instead, courts generally examine the overall financial circumstances.

Important factors may include:

1. Income of Both Parties

The court may examine the income and earning capacity of both spouses.

2. Assets and Financial Resources

The court may consider property, investments, bank accounts and other financial resources.

3. Reasonable Needs

The court considers the genuine and reasonable needs of the claimant.

4. Standard of Living

The standard of living enjoyed during the marriage can become relevant.

5. Children’s Expenses

Where children are involved, the court may consider:

School fees
Medical expenses
Food
Clothing
Accommodation
Education
Other reasonable needs

6. Liabilities

The court may also examine genuine financial liabilities.

However, a party should not assume that every claimed liability will automatically reduce maintenance.

7. Earning Capacity

The court can consider whether a spouse has the ability and capacity to earn.

Nevertheless, earning capacity and actual income are not always the same thing.

Can a Wife Claim Maintenance if She is Working?

Yes, in appropriate circumstances.

Can a Husband Claim Maintenance?

Yes, in circumstances where the applicable law permits it.

For example, Section 24 of the Hindu Marriage Act permits either the wife or the husband to seek maintenance pendente lite when the statutory requirements exist.

Procedure for Claiming Maintenance

The exact procedure depends upon the statutory provision used.

However, the general process can involve the following steps.

1 – Prepare the Application

The applicant should provide relevant details.

2 – File Financial Disclosure

Courts may require parties to disclose their financial circumstances.

Therefore, parties should provide complete and accurate financial information.

3 – Response by the Other Party

The respondent can file a reply and disclose their own financial position.

4 – Court Considers the Evidence

The court examines the pleadings, documents, financial disclosures and other relevant evidence.

Consequently, the court determines whether the applicant satisfies the statutory requirements.

5 – Maintenance Order

Finally, the court may pass an order granting, modifying or rejecting the maintenance claim according to the applicable law and evidence.

Frequently Asked Questions About Maintenance

1. What is maintenance in matrimonial matters?

Maintenance is financial support that a spouse, child or parent may claim under the applicable law when the statutory conditions exist.

2. Which section provides maintenance to a wife?

The answer depends upon the applicable law. For example, Section 144 BNSS provides a general statutory maintenance remedy, while personal and matrimonial laws contain additional provisions.

3. What is Section 24 HMA?

Section 24 of the Hindu Marriage Act provides for maintenance pendente lite and expenses of proceedings where the statutory requirements are satisfied.

4. What is Section 25 HMA?

Section 25 deals with permanent alimony and maintenance under the Hindu Marriage Act.

5. Can a husband claim maintenance?

Yes. Where the applicable statute permits it and the statutory conditions exist, a husband can claim maintenance.

6. Can a working wife receive maintenance?

Yes. Employment alone does not automatically disqualify a wife. The court examines her actual income and the overall financial circumstances.

7. Can maintenance be claimed for children?

Yes. Children may have maintenance rights under applicable laws.

8. Can maintenance be claimed during divorce proceedings?

Yes. The applicable matrimonial statute may provide interim maintenance during the proceedings.

9. Can maintenance be claimed after divorce?

Yes, where the applicable statute provides for permanent alimony or continuing maintenance and the statutory conditions exist.

10. Can a maintenance order be modified?

It may be modified where the applicable law permits modification and the circumstances justify it.

Conclusion

Maintenance provides an important financial remedy in matrimonial and family disputes. However, the applicable section depends upon the parties, the nature of the proceeding and the law governing the marriage or claim.

For example, Section 144 BNSS provides a general statutory remedy for maintenance of wives, children and parents. Similarly, Sections 24 and 25 of the Hindu Marriage Act deal with interim maintenance and permanent alimony respectively. Christian matrimonial matters can involve Sections 36 and 37 of the Divorce Act, while the Special Marriage Act also contains provisions relating to maintenance.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding but does not constitute legal advice and attorney and client relationship. For specific legal guidance, you can consult your legal expert.