Understanding the Quantum of Maintenance in India: This article has been written by Syeda Salma Fathima
Marriage a sacred union between man and wife when comes to an end brings maintenance as a significant matter of concern. In India divorce proceedings are emotionally challenging, they encompass various complex legal aspects where maintenance is an important consideration in Family Law, particularly when one spouse is financially reliant on the other and unable to sustain themselves then the Court awards a certain amount as maintenance it is known as quantum of maintenance.
In this article, we will explore the concept of the quantum of maintenance under the legal framework surrounding maintenance and divorce in India.
Introduction
Maintenance is a legal obligation aimed at providing financial assistance to the dependent spouse based on a Court order. To simplify, it is the amount paid regularly by the spouse who files for divorce for a particular period until the dependent spouse remarries or finds a job. Apart from these Parents are also entitled to Maintenance, if they are neglected by the children, and the children’s are also entitled to Maintenance, if not taken proper care by parents.
The discretion of the Court to determine a certain amount to be paid by either party as Maintenance is called Quantum of Maintenance
The Legal Provisions related to maintenance in India:
- Under Section 125 of CrPC, a person can sue for Maintenance in India
- Under Section 36 of the Special Marriage Act, 1954 Wife can file for Maintenance if she doesn’t have any independent source of income to survive.
- Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman shall receive maintenance from her former husband not just till the completion of the 'Iddat' period, but for the rest of her life until she remarries.
- Section 3(b) (i) of The Hindu Adoption and Maintenance Act, 1956 defines maintenance as "provision for food, clothing, residence, education, and medical attendance and treatment" for wives and children. In the case of an unmarried daughter, it also includes her marriage expenses.
- Under Section 24 of the Hindu Marriage Act, 1955, either the wife or husband can apply for interim maintenance. These laws aim to provide financial support to individuals who are unable to maintain themselves adequately. Under this act, both wife and husband have similar rights to claim maintenance and alimony.
- Parents can claim maintenance under section 125 of the code or the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
What Factors are considered in Deciding the Quantum of Maintenance
In India, while determining the quantum of maintenance, Courts shall take certain factors into account, such as earning capacity, the standard of living enjoyed during the marriage, the husband and wife's possession of property, the financial requirements, and the number of dependents. The court also considers the age, health, and liabilities of the parties involved.
What is the Discretion of Court to determine Quantum of Maintenance
The Court has the discretionary power to determine the quantum of maintenance in a fair, just, and reasonable manner, as each case is different so the Courts under specific circumstances decide the amount to be paid considering the financial needs of the dependent and financial capacity of the person who is liable to pay the Maintenance. If a person doesn’t have a job then it doesn’t mean that he or she is exempted from paying the maintenance. The Supreme Court and High Court in a series of decisions held that the concept of maintenance does not necessarily imply living in poverty and begging for necessities. In law, the wife has the right to live in the same manner as she would have in her husband’s home, with respect and dignity. The husband cannot argue that he is not willing to pay any maintenance.
What are the landmarks Judgements on Quantum of Maintenance
In the arena of natural justice, the court determines the quantum of maintenance by applying the principles of equity and fairness. By ensuring that every citizen men and women have the same rights to have an adequate means of livelihood as under Article 39 DPSP of the Indian constitution.
Some of the landmark judgments on the quantum of maintenance are
The Supreme Court in the case of Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy (2017) held that only twenty five percent (25%) of the net salary of the husband would be just and proper for maintenance to the former wife. The Apex Court by reviewing its previous order Dr. Kulbhushan Kumar vs. Raj Kumari and Anr. (1970) 3 SCC 129, held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife because if the husband remarries he has to look after the expenses of his family too.
In the case of Alphonsa Joseph vs Anand Joseph (2018), the High Court of Kerala stated that the Wife cannot be denied maintenance on the sole ground that she is qualified and can maintain herself.
In Sunita Kachwaha and Ors. vs Anil Kachwaha (2015), the High Court of Madhya held that the earning of the wife was not necessarily a reason to deny her maintenance application and the husband can’t escape the liability of maintenance.
Conclusion
Every individual needs to understand the maintenance proceeding, the conditions laid down by the court to claim the maintenance. Many people because they are not well aware of their rights face number of problems to live a decent life. Being well-informed about the factors that influence the quantum of maintenance empowers individuals to present their cases effectively.
FAQ’s
- What is alimony?
Alimony is a one-time settlement amount given to a spouse where the divorce is taken with mutual consent.
- What is interim Maintenance?
Interim Maintenance is the amount decided by the court for a dependent wife who has children to take care of before the final order of divorce.
- What is quantum of Maintenance?
The discretion of the Court to determine a certain amount to be paid by either party as Maintenance by considering specific requirements such as age, health, earning capacity, the standard of living enjoyed during the marriage, the husband and wife's possession of property, the financial requirements, and the number of dependents is called Quantum of Maintenance.
- What is Iddat?
It is the period a woman must observe after the death of her husband or after divorce during which she may not marry another man. The period is of 130 days, i.e., 4 months 10 days.
References:
- https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-destitute-wife-maintenance-case-section-127-crpc-240803
- https://www.daaman.org/jd/alphonsa-joseph-vs-anand-joseph/wife-cannot-be-denied-maintenance-on-the-sole-ground-that-she-is-qualified-and-can-maintain-herself
- https://advocatetanmoy.com/2018/07/12/quantum-of-maintenance/
- https://www.shadesofknife.in/kalyan-dey-chowdhury-vs-rita-dey-chowdhury-on-19-apr-2017/
- https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=147
- https://unacademy.com/content/nda/study-material/general-knowledge/directive-principles-of-state-policy-articles-39/
- https://indiankanoon.org/doc/445770/
- https://www.livelaw.in/news-updates/allahabad-high-court-divorced-muslim-wife-entitled-maintenance-protection-rights-divorce-beyond-iddat-period-remarries-218147
- https://indiankanoon.org/doc/1015774/
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