Maintenance under Hindu law

Under Hindu Law, the wife has an absolute right to claim maintenance from her husband.

Q. Under what law is a Hindu wife entitled to maintenance?


A. The provisions for maintenance to a Hindu wife are enshrined in Hindu Marriage Act, 1955, Hindu Adoptions and Maintenance Act, 1956 (HAMA) and Criminal Procedure Code.

Q. Under what conditions is a Hindu wife entitled to live separately from her husband without forfeiting her claim to maintenance?

A. Following are such conditions;
  • Desertion by husband
  • Cruel treatment by husband
  • Husband suffering from virulent form of leprosy
  • Husband having another wife
  • Husband habitually residing with a concubine
  • Husband ceases to be a Hindu, i.e. conversion into another religion

Q. Under what conditions is a Hindu wife not entitled to claim maintenance?

A. If a Hindu wife is unchaste or ceases to be a Hindu by conversion to another religion, then she shall not be entitled to claim maintenance under HAMA.

Q. What rights does a widowed daughter“in-law have?

A. A Hindu wife shall be entitled to be maintained after death of her husband by her father-in-law provided that she is unable to maintain herself out of her own earning or other property or estate of her husband, father, mother or children.

Q. Are children and aged parents eligible to get maintenance from their Father/ Son?


A. U/s 20 of the HAMA a Hindu during his/her lifetime shall maintain his/her legitimate or illegitimate children and aged or infirm parents.

Q. Can a child who has attained majority continue to claim maintenance?

A. No. A legitimate or illegitimate child may claim maintenance from his/her father/mother so long as the child is a minor.

Q. On what basis is the amount of maintenance determined?

A. In determining the amount of maintenance the following has to be considered;
  • The net value of the estate of the deceased after providing for payments of debt
  • The provision , if any made under a will of the deceased
  • Degree of relationship with the dependant
  • Reasonable wants of dependant
  • No. of depedants

Q. Is the claim of the dependant for maintenance impose a charge on the estate of the deceased?

A. No such charge is created on the property of the deceased unless a will mandates the same.

Q. Is the husband or wife entitled to claim expenses during pendency of any suit under Hindu Marriage Act, 1955?

A. U/s 24 of the Hindu Marriage Act, 1955 relief may be provided by way of maintenance and litigation expenses to either of the spouse if he/she is unable to maintain herself during the pendency of the proceedings.

Q. Can a husband seek permanent alimony and maintenance under Hindu Marriage Act, 1955?

A. U/s 25 of the Hindu Marriage Act, 1955 both husband and wife may be granted maintenance and permanent alimony after passing of decree of restitution of conjugal rights, judicial separation, divorce and annulment of marriage under the said Act, if the husband or wife is unable to maintain himself/herself. Permanent alimony means that it shall be payable throughout life of the applicant provided that such party does not remarry nor had sexual intercourse with third party after such maintenance is awarded. Also in case of change of circumstances the alimony can be varied, modified or rescinded.

Maintenance under Muslim law

Maintenance under Muslim law is known as "Nafqah" which means what a man spends over his family. "Nafqah" basically includes food, clothing and lodging.

Q. Is a Muslim wife entitled to "Nafqah" or maintenance even if she owns property?

A. A Mohameddan is bound to maintain his wife under Muslim law. Her right to maintenance is absolute

Q. On what grounds can maintenance be denied to a Muslim wife?

A. A wife is not entitled to maintenance if;
  • she has not attained puberty
  • she abandons conjugal domicile without any valid cause
  • she is disobedient to reasonable commands of her husband
  • she has eloped with somebody

Q. How is the quantum of maintenance determined?

A. It depends upon social status of the parties and economic conditions of the husband.

Q. What are the entitlements a Muslim woman is eligible for after divorce from her husband?

A. Under Muslim Women (Protection of Rights on Divorce) Act, 1986 a divorced Muslim woman is entitled to the following from her former husband;
  • Reasonable and fair provision and maintenance within the Iddat period
  • Where children born before or after the divorce are being maintained by the wife, then reasonable and fair provision and maintenance to be paid for 2 years from the respective dates of birth o such children
  • An amount equal to Mahr or dower agreed to be paid to her
  • All properties given to her before or at the time of marriage or after marriage by her relatives, friends or husband or any relative of husband or his friends.

Q. If the entitlements mentioned above are not paid by the husband, what remedy does the wife have?

A. If the entitlements as prescribed under Muslim Women (Protection of Rights on Divorce) Act, 1986 are not provided by the husband to the wife on divorce then, the wife or somebody on her behalf can make an application to the Magistrate for an order for payment of such provision and maintenance.

Maintenance Under Parsi law

The Parsi Marriage and Divorce Act, 1936 recognizes the right of wife to maintenance-both alimony pendente lite and permanent alimony. However the husband doesn™t have the same rights under the said Act.

Q. What is the maximum amount of alimony that a husband is liable to pay to the wife during the pendency of a suit under the said Act?

A. The maximum amount that can be decreed by court as alimony during the time a matrimonial suit is pending in court, is one-fifth of the husband's net income.

Q. What are considerations in fixing permanent maintenance?


A. In fixing the quantum as permanent maintenance, the court will determine what is just, bearing in mind the ability of husband to pay, wife's own assets and conduct of the parties.

Q. Can a husband claim maintenance under Parsi law?

A. No

Maintenance under Christian law

  The Indian Divorce Act, 1869 governs maintenance rights of a Christian wife. The Indian Divorce Act, 1869 recognizes the right of only wife to maintenance-both alimony pendente lite (during pendency of a suit) and permanent alimony. However the husband doesn™t have the same rights Under the said Act.

Q. What is the maximum amount of alimony that a husband is liable to pay to the wife during the pendency of a suit under the said Act?

A. The maximum amount that can be decreed by court as alimony during the time a matrimonial suit is pending in court, is one-fifth of the husband's net income.

Q. What are considerations in fixing permanent maintenance?

A. In fixing the quantum as permanent maintenance, the court will determine what is just, bearing in mind the ability of husband to pay, wife's own assets and conduct of the parties.

Q. Can a husband claim maintenance under Christian law?


A. No

Maintenance under Section 125 of Criminal Procedure Code (Cr.PC)

Although right to maintenance forms a part of the personal law, but in order to protect women and children and provide a swift and cheap remedy against neglect and refusal to maintain, a secular safeguard irrespective of personal laws of the parties was necessary. With this intention Sec. 125 was inserted in the Cr.PC.

Q. If a woman has already claimed maintenance u/s 24 of the Hindu Marriage Act, 1955 can she claim maintenance u/s 125 of Cr.PC simultaneously?

A. Courts have in several judgments that remedy u/s 125 and Sec. 24 of Hindu Marriage Act, 1955 are independent and not relevant to each other. There is no conflict between the two provisions. A person may sue for maintenance under s.125 of Cr.P.C. If a person has already obtained maintenance order under his or her personal law, the magistrate while fixing the amount of maintenance may take that into consideration while fixing the quantum of maintenance under the Code.

Q. Who can claim maintenance u/s 125 of CrPC?

A. The following can claim maintenance u/s 125 irrespective of their religion;
  • Wife if she is unable to maintain herself,
  • Legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself
  • Father or mother who is unable to maintain himself or herself

Q. Is there any limitation period for making an application for maintenance?

A. No.

Q. Under what conditions is a wife not entitled to maintenance u/s 125?

A. wife shall not be entitled to receive an allowance from her husband if:
  • She is living in adultery, or
  • Without any sufficient reason she refuses to live with her husband, or
  • They are living separately by mutual consent.
  • However if the husband has married another woman or keeps a mistress, it shall be considered to be just ground for the wife's refusal to live with him.
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