Search this article on Google: What are the key legal provisions related to Maintenance legal practice area in India?
In India, laws related to maintenance aim to provide financial assistance to a person from another individual legally obliged to do so, typically falling within familial relationships. As a prominent law firm in Chandigarh, SimranLaw’s experts unravel these complex provisions and explore significant case laws.
Section 125 of the Criminal Procedure Code (CrPC)
One of the essential statutes pertaining to maintenance awards comes under Section 125 of the CrPC. It asserts that if any person having sufficient means neglects or refuses to maintain his/her wife, children, or parents unable to support themselves, the Magistrate may direct such person to make a monthly allowance for their maintenance.
The landmark judgment of Savitaben Somabhai Bhatiya vs State Of Gujarat And Ors (2005) clarified the lawful parameters of a wife. The Court held that a woman must be legally wedded for Section 125 to apply and does not include a woman living in a live-in relationship.
Muslim Women (Protection of Rights on Divorce) Act, 1986
This Act was introduced after Shah Bano’s landmark case, Mohd. Ahmed Khan v. Shah Bano Begum, where the Supreme Court held that a Muslim woman could claim maintenance under Section 125 CrPC. The Act outlines maintenance provisions for divorced Muslim women and imposes the husband’s duty towards his divorced wife, including a reasonable and fair provision within the iddat period and providing maintenance for her children.
Hindu Adoptions and Maintenance Act, 1956
For Hindus, including Buddhists, Jains, and Sikhs, the provisions of maintenance are embedded in this Act, which obligates not just husbands to maintain their wives but also includes other relationships like children and aged parents.
In the case of Bhagwan Dutt vs Kamla Devi (1975), the Supreme Court highlighted that under this Act, a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance.
Protection of Women from Domestic Violence Act, 2005
This Act broadens the scope of maintenance by not just focusing on divorced or separated women but also includes women facing domestic violence. It empowers the court to order monetary relief to meet the expenses incurred and losses suffered by the aggrieved party.
In a recent case, Sunita Kachwaha vs Prashant Kachwaha (2015), the Court considered this Act for granting maintenance instead of CrPC as it was more beneficial for the aggrieved woman.
The legal framework surrounding maintenance in India is comprehensive, safeguarding the rights of those incapable of supporting themselves. However, it involves complex legal intricacies best navigated with expert legal guidance such as provided by SimranLaw. Through in-depth understanding and wide-ranging experience in handling maintenance cases, their seasoned lawyers ensure their clients fully comprehend their rights and receive their entitled financial support.
Disclaimer: This article is intended to provide a general understanding of law changes and does not constitute legal advice. For legal issues related to maintenance or any other matter, consult with a qualified attorney.