Introduction
Wife is stated to be soul of her husband. She is lady of the house (Grihini), She is considered as wise counselor (Sachiva), She is a Griha Laxmi, she is Best half of her husband (Ardhangini) And considered as Samarajyi there all Characters of wife is defined and written within The Ramayana.
After Marriage (Hindu) a lady is protected and guarantee for her legal rights for restitution of conjugal or legal rights just in case of Legitimacy of youngsters, Desertion, Cruelty relief, Impotency, Adultery, Claim of Maintenance and Alimony etc. Maintenance is provided to those wives who is unable to take care of herself or to maintain herself. The right of Maintenance arises from the concept of an undivided family and therefore the head of undivided family is sure to maintain his wife, children, and other relation (dependent Members).
Section 3(b) of Hindu Adoption and Maintenance Act, 1956 provide that
(b) “maintenance” includes―
(i) proper supply of food, clothes, shelter, proper education and medical supplies and treatment.
(ii) For an unmarried daughter, her proper expenses should be taken in consideration and expenses of her marriage.
In male dominating society women also are considered at weaker position and treated inferior to male. So, the code of Criminal Procedure introduced act in year of 1973 which is provided under Sec.125 of the code, the wives, children, and parents irrespective are granted maintenance of any religion or personal laws. The Criminal procedure code make mandatory to take care or maintain the dependent spouses, Children in India.
Obligation to Maintain wife
In Hindu marriage act there’s provision of allowing pendente lite and Permanent maintenance which is Sec.24 and Sec.25.
In case of Dr. Kulbhushan Vs. Raj Kumari & Anr, Before making any decision on maintenance amount, Court observed that the amount or quantity of maintenance should be determined on facts of each cases and further it was held that the wife would be provided 25% of husband’s present salary in form maintenance.
Section. 24 of Hindu Marriage Act, 1955 deals with Maintenance pendente lite and expenses of proceedings.
Where in any proceedings under this Act, it appears to the Court that either the wife or the husband, because the case might not have sufficient income to be independent then for their further necessities’ expenses of proceedings, they will file petition to pay the proceedings expenses. such sum as, having reference to the petitioner’s own income and therefore the income of the respondent, it is going to seem to the Court to be reasonable. Provided that the appliance for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days counted from the service date the notice on the wife or the husband, because the case could even be.
Sec.25 of Hindu Marriage Act, 1955 Permanent alimony and maintenance
Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto ,on application made thereto for the aim by either the wife or the husband, because the case could also be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the lifetime of the applicant as, having reference to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it’s going to seem to the Court to be just, and any such payment could also be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the Court is satisfied that there is, a change within the circumstances of either party at
any time after it has made an order under sub-section (1), it is going to at the instance of either
party, vary, modify, or rescind any such order in such manner because the Court may deem fit.
(3) If the Court takes favor an order has been made after Court satisfaction that , in this section if has remarried or, if such party is that the wife, that she has not remained chaste, or if such party is that the husband, that he has had sexual activity with any woman outside of marriage, it may at the instance of the opposite party vary, modify any such order in such manner so, Court has right to deem fit.
The purpose of interpreting the provision is to treat husband and wife equally within the eyes of law and to avoid discrimination between both genders.
References:
• Ipleaders.
• The Hindu Marriage Act, 1955 pdf of Delhi High Court as visited on 13 April 2021.
