Maintenance laws in India are designed to protect the financial rights of women during and after marriage. These laws ensure that a woman, whether married, divorced, or separated, is not left without financial support. They are rooted in the Constitution and seek to secure a woman’s right to live with dignity and security.

Under the SMA, a wife can claim interim alimony (interim maintenance) under Section 36 during ongoing matrimonial proceedings if she does not have sufficient independent income to support herself and meet legal expenses, which may be granted on a weekly or monthly basis. As per the Act, the Court determines the quantum of maintenance depending on the income of the husband and awards such amount as may seem reasonable. Section 37 of the Act deals with permanent alimony, which refers to a one-time consolidated payment made to the wife after separation or divorce.

This section enables wives, children, and parents to claim maintenance through a quick and summary procedure. Application under this provision can be filed if two conditions are met: (i) the husband has sufficient means, and (ii) he neglects or refuses to maintain his wife, who is unable to support herself. In such circumstances, the Magistrate may order the husband to pay a monthly allowance to the wife, as deemed appropriate, based on his financial capacity and other relevant factors.

The DV Act offers protection and provides relief to an aggrieved woman who has been subjected to domestic violence. Such relief can be sought against either a man or a woman with whom she shares a domestic relationship. The term domestic violence includes physical, verbal, mental, and emotional abuse. Under the DV Act, every woman in a domestic relationship has the right to reside in a shared household. Section 19 of the Act deals with residence orders, safeguarding women’s right to residence or providing for alternative accommodation. However, this right is not absolute, particularly when a daughter-in-law asserts it against elderly parents-in-law.

Section 20 provides for monetary relief to cover expenses and losses suffered by the aggrieved woman (typically the wife) and her children as a result of domestic violence. Such relief must be adequate, fair, reasonable, and aligned with the standard of living the aggrieved person is accustomed to. Additionally, Section 22 enables the grant of compensation for mental torture and emotional distress arising from domestic violence, while Section 23 empowers magistrates to issue urgent interim maintenance orders.

HMA is a complete code providing for the rights, liabilities, and obligations arising from a marriage between two Hindus. Section 24 provides for interim maintenance, where the Court may direct either party to pay the expenses of the proceeding and a reasonable monthly amount, having regard to the income of both parties. Section 25 allows for permanent alimony. Both these sections are gender-neutral, meaning even a husband can claim maintenance.

HAMA is a special legislation enacted to amend and codify the laws relating to adoption and maintenance amongst Hindus, during the subsistence of the marriage. Section 18 grants a wife the right to be maintained during her lifetime, even if she lives separately for valid reasons. She is also entitled to make a claim for a separate residence without forfeiting her right to maintenance. This right would, however, not be available if the wife has been unchaste or has converted to another religion.

Section 19 extends the right of maintenance to widowed daughters-in-law from their father-in-law if she is unable to maintain herself out of her own earnings or property, or in case she has no property of her own. Section 20 places an obligation on Hindu males to maintain their unmarried daughters.

Key Difference: Under HMA, maintenance can be claimed only during matrimonial proceedings, while HAMA allows claims even without ongoing disputes, recognising a wife’s lifelong right to be maintained.

It is well settled that a wife can make a claim for maintenance under different statutes. For instance, a wife can seek maintenance simultaneously under the DV Act and Section 125 of the CrPC, or the HMA. However, it would be unfair to require the husband to pay separate maintenance amounts in each proceeding.

While determining the quantum of maintenance, courts consider several factors, including the duration of the marriage, the financial capacity of both spouses, the standard of living enjoyed during the marriage, and the age and health of the claimant. The Supreme Court also observed in Rajnesh v. Neha (supra) that in contemporary society, where many marriages are short-lived, it may be inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life. The duration of the marriage would be a relevant factor in determining the permanent alimony to be paid.

Maintenance laws in India are designed to ensure that women have financial security and can live with dignity, even in situations of marital breakdown or domestic violence. With a combination of constitutional provisions, secular laws, and personal laws, women have multiple legal avenues to secure maintenance. Awareness of these rights, timely legal action, and proper representation are essential for securing fair and adequate financial support.

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