MAINTENANCE UNDER HINDU MARRIAGE ACT-

1955

Trisom Sahu(14IP60011)Under : - Prof. Arindam Basu

Introduction The maintenance provisions under the

Hindu Marriage Act,1955 ensure that the rights of each of the party is not hampered.

Maintenance

Maintenance pendente lite

Sec.24

Alimony and Permanent

Maintenance

Sec. 25

Objective of Section.24 Maintenance under this section is

granted during the time of proceedings if the party is not able to maintain himself or herself.

The rationale of the Sec.24 is to provide financial assistance to the spouse who is unable to maintain himself/herself.

Scope of Sec.24 The scope of this section is very limited

and it facilitates the matrimonial proceeding for the party who does not have a separate source of income.

It has to be claimed only when a proceeding is pending before the court and not otherwise.

Principle for determining maintenance pendente lite

The court cannot determine the amount arbitrarily but rely on some basic considerations : Position, income and status of the parties Reasonable want of the claimant towards food,

clothing, shelter, medical expenses, education and the like.

number of persons of the opposite party whom he is obliged to maintain.

May be claimed for brothers and sisters if they are completely dependant on the party.

Quantum of Maintenance As seen in case of Jasbir Kaur Sehgal v.

District Judge,1998 and in many other cases the court fixes a maintenance equivalent to 1/5th to the income of the party.

In present days the idea of fixing 1/5th of the husband's income has lost all relevance as the status of wife and that of husband should be equal which is now generally accepted. Therefore fixing 1/5th is not a thumb rule.

Quantum of Maintenance and under S.125 of CrPC

Maintenance for minor child can also be claimed although it is not mentioned directly in the section.

The maintenance and education of the children can be included for which no separate application under S.26 is required.

Maintenances previously granted under s.125 of CrPC does not oust the jurisdiction of the matrimonial court.

Scheme of S.25 S.25 is broadly divided into 3 subsection: -

Subse

ction-1

• Talks about the jurisdiction of the matrimonial courts to award permanent alimony and maintenance to a deserving spouse

Subse

ction-2

• Provides for alteration of the amount of maintenance, by the Court if it deems just, at the instance of any of the parties depending upon the change of circumstance of any of the parties. Sub-section

Subse

ction-3

• Contemplates varying, modifying or rescinding any order passed under sub-sec (1)

Scope and Objective of S.25 Scope

The rights under this section are special, independent and conditional to the spouse.

These rights can only be exercised only when there is a decree existing under the Act affecting the matrimonial relations between the parties.

Objective The objective was to provide maintenance to the

needy woman or the deserving spouse after a decree has been passed by the court.(Chand Dhawan V. Jawaharlal Dhawan, 1993)

Quantum – Permanent Maintenance

The Court generally looks into the income and property of the parties, the conduct of the parties, and any other circumstances which may be just.

There is no fixed norm for the court to follow to grant alimony it differs from case to case. However, the independent income of the prayer which is to be considered.

In case the of decree of divorce is awarded by a High Court then the permanent alimony can be granted by High Court only, this was opined in the case of Poonam Meheta v Naresh Prasad,2009.

When the application of permanent alimony and the maintenance is pending, in such cases, the court opined that wife can apply for alimony pendente lite till the disposition of the marriage, this was opined in the case of Y.Prashad v Jyoti Rani,1981.

Conclusion & Overview

Suit For Matrimoni

al Remedy

Maintenance Under

S.24Passing of

DecreeMaintenance Under

S.25

Conclusion The rules and grounds of divorcee in

Hindu marriages was non existence prior to 1955 in India.

The situation of Hindu divorced wife was miserable then.

Still in present day, where both the spouses are considered as equal, we see the decisions of Court are slightly inclined in favour of wife.

Thank you for your patient hearing.