This article has been written by Ms. Kumari Komal, a IIIrd year student Pursuing B.A.LL.B. at Lloyd School of Law, Greater Noida.

ABSTRACT: 

In the realm of family law, the concept of maintenance beyond divorce, commonly known as alimony or spousal maintenance, plays a crucial role in addressing the financial implications of a marital dissolution. As couples navigate the intricate process of separation, considerations extend beyond the division of assets to include the ongoing financial well-being of each individual. This form of post-divorce financial support aims to provide an equitable solution, acknowledging the economic interdependence that often exists within a marriage. Examining factors such as income disparities, the duration of the union, and individual circumstances, maintenance beyond divorce seeks to mitigate financial imbalances and facilitate a more equitable transition into post-marital life.

INTODUCTION:

Divorce is an unfortunate event that affects numerous aspects of an individual’s life. Among the various issues that arise during divorce proceedings, the matters of maintenance and alimony play a significant role. In India, the legal framework provides provisions for maintenance and alimony to ensure financial stability for the dependent spouse post-divorce. Whereas, Maintenance, as a concept, has its roots in the social justice system of a civilised society. The Supreme Court, explaining the rationale behind providing maintenance in the case of Badshah v. Urmila Badshah Godse and Anr, has held that the “provision of maintenance. Aims at empowering the destitute and achieving social justice or equality and dignity of the individual. The law regulates relationships between people. It reflects the values of society.” In India, the right to claim maintenance is statutorily available under both personal and general laws, and such a right cannot be taken away by way of an agreement to the contrary.

Maintenance beyond divorce typically refers to financial support provided by one ex-spouse to the other after the dissolution of the marriage. This support is often known as alimony or spousal maintenance. The purpose is to help the lower-earning or financially dependent spouse maintain a similar standard of living post-divorce. The amount and duration of maintenance can vary based on factors such as the length of the marriage, financial disparity between spouses, and individual state laws. It’s designed to address economic imbalances that may arise from the divorce. 

Types of Maintenance:

1. TemporaryMaintenance: 

Temporary maintenance could be also called interim maintenance. In India there are many cases are pending under family law in courts and case causes unbearable delay in the hearing of divorce petition and maintenance petition and other cases. If spouse is unable to maintain herself or himself and, in such case, if another spouse refuses to maintain him or her. In such situation if husband or wife comes before the court with Maintenance petition, they come on urgent basis for maintenance as they don’t have any money to maintain. In such situation there is urgent need of granting order of some initial payment to souse who filed the petition as trail and deciding petition will take longer time and if that longer time should not frustrate the purpose of filing maintenance petition. Interim maintenance is also called alimony pendente lite. Grounds for interim maintenance under section 125 Cr.P.C. and another act are same only.

2. Permanent Maintenance:

Permanent maintenance is could be also called Alimony. Under family law Permanent maintenance is maintenance grated after the disposal of the contested divorce matter or mutual divorce or application for maintenance under section 125 of Cr.P.C. or any other applicable act. Provisions for alimony and maintenance under Hindu law are already given above.

Maintenance can be claimed under the respective personal laws of people following different faiths, and proceedings under such personal laws are civil in nature. Proceedings initiated under Section 125 Cr.P.C. however are criminal proceedings and, unlike the personal laws, are of a summary nature and apply to everyone regardless of caste, creed or religion. The object of such proceedings however is not to punish a person for his past neglect. The said provision has been enacted to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and have a moral claim to support. Maintenance can be claimed either at the interim stage i.e., during pendency of proceedings, or the final stage.

Maintenance can have various legal and non-legal factors:

1. Income Disparity: Maintenance may be awarded when there is a significant difference in the income or earning capacity of the spouses or parents involved.
2. Standard of Living: The court may consider the standard of living established during the marriage or relationship when determining maintenance.
3. Duration of Marriage/Relationship: Longer marriages may lead to higher maintenance awards as there is often an expectation that spouses contribute to each other’s well-being over an extended period.
4. Contributions to the Household: Courts may consider the contributions of each spouse to the household, whether financial or non-financial, when deciding on maintenance.
5. Needs of Dependent Children: If there are children involved, their needs and the costs associated with raising them can influence maintenance decisions.
6. Health and Age: The health and age of the parties involved may be considered, especially if it affects their ability to support themselves.
7. Educational and Employment Background: Courts may assess the education and employment history of the parties to determine their capacity to earn a living.
8. Circumstances of the Divorce or Separation: Fault or reasons for the divorce may or may not be considered, depending on the jurisdiction.

Law of maintenance under different personal laws in India can be classified into four heads and secular provisions could be studied under different head, as follows:

• Maintenance under Hindu Law: 

A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956. Section 20 of HAMA Act imposes an obligation upon the parents – mother and father, both equally to maintain the children – both legitimate and illegitimate. The HAMA Act is the first statute in India, which impose an obligation on the children to maintain their parents.

• Maintenance under Muslim Law:

Under the Muslim Law, the Muslim Women (Protection of Rights on Divorce) Act, 1986 protects rights of Muslim women who have been divorced by or have obtained divorce from their husbands and provides for matters 6 connected therewith or incidental thereto. Under Section 3 and 4 of the Act a divorced muslim women is entitled for maintenance within the iddat period by her former husband; and against her relatives who would inherit her property on her death.

• Maintenance under Christian law:

Under Section 37 of the Indian Divorce Act, 1869, a divorced Christian woman can apply for alimony/maintenance in a civil court or High Court and, husband will be liable to pay her alimony such sum, as the court may order, till her lifetime. The Indian Divorce Act, 1869 which is only applicable to those persons who practice the Christianity religion inter alia governs maintenance rights of a Christian wife.

• 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. 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. 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. The order will remain in force as long as wife remains chaste and unmarried.

• Secular Provision-Maintenance under Code of Criminal Procedure 1973, Protection of Women from Domestic Violence Act, 2005 and Maintenance And Welfare of Parents And Senior Citizens Act, 2007:

The statutory provision under Code of criminal procedure 1973, Protection of Women from Domestic Violence Act, 2005 or Maintenance and welfare of Parents and Senior Citizens Act, 2007 relating to maintenance under any personal law is distinct and separate from the proceedings under the above referred statutes. There is no conflict between the personal laws and above referred statutes. A person may sue for maintenance under Sec.125 of Cr.P.C, if a person has already obtained maintenance order under his or her personal law. Section 125 to 128 of the code make provisions for maintenance of wife’s, children and parents. It is natural and fundamental duty of every person to maintain his wife and children so long as they are not able to maintain themselves. So also, it is the sacred duty of a person to maintain his parents also if the code gives effect to the natural duty of a man.

Section 125 order for Maintenance of wives, child and parents:- 

1. If any person having sufficient means neglects or refuses to maintain: – 

1. His wife, unable to maintain herself.
2. His legitimate or illegitimate minor child, whether married or not unable to maintain itself.
3. His legitimate or illegitimate child {not being a married daughter} who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself.
4. His father or mother, unable to maintain himself or herself, a magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such magistrate may from time to time direct.

Rai Bari behead v. Mangaraj Behera In this case court held that the maintenance has to be determiner in the light of the standard of living of the person concerned, the earning of the husband, his other financial commitments etc. In solvency of the husband was not conclusive to determine the maintenance instead his capacity to work and earn is material. Omission in behalf of the wife to plead that the husband has sufficient means’ does not take away her right to get maintenance.

Sita Devi v. Hari Narain It was held that if there is no evidence as to the neglect or refusal an order for maintenance passed by the magistrate is bad-in-law. Failure to maintain property can also amount to negligence.

CONCLUSION:

The concept of maintenance beyond divorce is a vital element in family law, addressing the economic intricacies that accompany the dissolution of marriage. Rooted in principles of fairness and equity, maintenance provides a financial safeguard, particularly when there are significant income disparities, prolonged marital durations, or notable sacrifices made during the relationship. By considering the individual circumstances of each case, including factors like age, health, and child custody arrangements, family courts aim to create a post-divorce landscape that minimizes financial imbalances and supports a more equitable transition for both parties. While the specifics vary based on jurisdiction and case particulars, maintenance beyond divorce remains a valuable mechanism in fostering financial stability and ensuring a reasonable quality of life for individuals navigating the challenging terrain of marital separation.

REFRENCES:

BOOKS:

• Dr. Paras Diwan, Modern Hindu Law, ISBN-13: 9789391787554, 26th Edition
• Dr. S.R. Myneni, Hindu Law, ISBN-13: 9789394739420, 2nd Edition

BARE ACTS:

• The Hindu Marriage Act, 1956 
• The Hindu Adoption and Maintenance Act, 1956
• The Code of Criminal Procedure, 1973
• The Protection of Women from Domestic Violence Act, 2005
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
• The Parsi Marriage and Divorce Act, 1936
• The Indian Divorce Act, 1869
• The Muslim Women (Protection of Rights on Divorce) Act, 1986

WEBSITES:

• https://merlynlawfirm.com/maintenance-of-women-in-india/
• https://legaldesire.com/maintenance-and-alimony-after-divorce-in-india-an-overview/#:~:text=Under%20Section%2024%2C%20either%20spouse,to%20all%20communities%20in%20India.
• https://www.shreeyanshlegal.com/maintenance-for-wife/
• https://blog.ipleaders.in/an-exhaustive-overview-of-types-of-maintenance/#Maintenance_for_children Originally written by Ayush Tiwari on iPLeaders.