Maintenance For Women Under Different Religions
Personal laws in India deal with various aspects which deals with the relationship between spouses. These laws also lay down rules and regulations for divorce, custody, maintenance etc. Maintenance in simple terms is the aggregate or finances given by the husband to the wife. On common grounds, Section 125 of the Criminal Procedural Code of 1973 lays down the provisions which wives can use to claim maintenance from their husbands. For better understanding of the maintenance people will have to consult the best divorce lawyers. Adv. Bindu Dubey is one of the Top Advocates in Navi Mumbai. She will aid the clients and give the best advice by analyzing the facts of the case and by bringing out the appropriate issues.
The rules, Provisions, regulations and laws that has been laid down for the purpose of maintenance varies from religion to religion. The maintenance money is set by the courts after analyzing the financial capacity of the husband. This will be decided mutually by both the spouses. There are various provisions under the different personal laws in India.
UNDER HINDU LAW: With respect to the Hindu Marriage Act of 1955 and the Maintenance Act of 1956 any Hindu Divorced women will have the power to claim for maintenance. Under this Act after analyzing the situation the court will come to a conclusion if the wife or husband needs maintenance and the amount will also be decided by the court.
UNDER MUSLIM LAW: The husband has the responsibility to maintain his wife and children under this law. Nafaqa is the term used to describe maintenance under Muslim law. Women Act (Protection of rights on divorce) of 1986 deals with the maintenance for women under Muslim law. The wife will be entitled for maintenance from her spouse until the iddat period.
UNDER CHRISTIAN LAW: The Indian Divorce Act plays the main role with respect to maintenance of women. The maintenance will not be more than one by fifth of the total income of the husband. However, the ground rule is the women will not be allowed to re – marry. The maintenance amount is with respect to the income of the husband, the property owned etc.
UNDER PARSI LAW: The laws under this personal law are some what similar to the Christian law. However, in this law the husband can also claim for the maintenance. The court does not have the authority to give maintenance more than the life span of the person who is providing the maintenance. The basic condition for maintenance under this law is that the person paying the maintenance can refuse to pay more than one by fifth of their total income.
UNDER SPECIAL MARRIAGE ACT OF 1954: The divorced women can claim for maintenance under this Act by filing for the same. The court will look into the capability and financial condition of the husband and proceed with the case. The court under the jurisdiction where the case if filed can alter the decree according to their findings such as if the women fail to stay un – married or chaste.
There are specific legal rights for Wife as mentioned below,
STREEDHAN: This is a form of property that women are entitled to during their marriage. This is different from dowry as it is a voluntary gift and there will be no coercion. The judiciary mentions that the females will have absolute right to this streedhan.
WIFE MAINTENANCE BY HUSBAND: Section 18 of the Hindu maintenance Act of 1956 states that any Hindu wife can claim maintenance. If the wife is forced to divorce on grounds of cruelty, abuse, polygamy etc the wife will be entitled to maintenance by default. Section 25 of the Hindu Adoption and Maintenance Act of 1956 states that the wife will be allowed for permanent maintenance. Any court under their respective jurisdiction where the case is filed will order the spouse to pay the petitioner the maintenance amount.
WIFE RIGHT TO LIVE WITH SELF – RESPECT: Every married woman has the default right of living her life with self – respect and dignity. They are entitled to a life free of physical or mental torture and can approach the judiciary if these are violated.
CHILD MAINTENANCE: Both the husband and wife will have to provide for their children during divorce. If the wife is not earning then it becomes the responsibility of the husband to provide for the child maintenance.
The process involved in filing for maintenance is very simple. The marriage certificate will be submitted and the pictures taken during the wedding will also be submitted as evidence. A case can be filed under Section 125 of the Code of criminal procedure by adhering to the essentials and must – haves as mentioned under this section. This will be filed at the judicial magistrate or courts where the complainant lives. This will be filed under the Magistrate of first class where the spouses lived. The filing of maintenance will be done after the process of divorce.
What are the types of Maintenance for Wife under Indian Law?
There are two types of Maintenance namely, Interim Maintenance and Permanent maintenance. Interim or Pendente lite is when the spouse seeks for temporary maintenance as to fulfill their immediate needs. Permanent maintenance as the name itself mentions is the full fledge maintenance given to the petitioner.
The maintenance will be refused to the wife is it is proved that they have been involved in Adultery, or voluntarily refuses to live with the husband without valid reason or lives separately. In the case of ‘Bhagwan Dutt Vs. Kamala Devi’ the court held that the wife had a stable income and there was no need for the husband to support her financially after divorce. Many cases similar to this the spouses have been refused maintenance taking into consideration various factors such as if the claiming spouse has better financial position or the petitioner has re – married.
Maintenance is one major factor in cases of divorce and this varies under various personal laws in India. To know one’s maintenance rights and to claim accordingly it is important for the spouse to approach the best lawyer for consultation. Adv. Bindu Dubey can provide the best legal service available and will aid the spouse in choosing the right provisions and answers.