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INTRODUCTION

Maintenance between spouses refers to financial support provided by one spouse to the other during or after the dissolution of their marriage or separation. It is intended to ensure that both spouses can maintain a reasonable standard of living after the relationship ends, particularly if one spouse has a lower income or financial dependency on the other.

The specifics of maintenance, including eligibility, duration, and amount, vary depending on the jurisdiction and the specific circumstances of the case. Laws regarding maintenance are typically based on factors such as the length of the marriage, the income and earning capacity of each spouse, their respective financial needs, and the presence of children.

In many jurisdictions, maintenance is not solely limited to one gender providing support to the other. It can be awarded to either the husband or the wife, depending on the financial circumstances of the parties involved. The determination of maintenance is generally made by the court, which takes into account various factors to ensure a fair and equitable outcome.

LAWS

Under Indian law, maintenance to a husband is not an automatic entitlement. Traditionally, the husband has been considered the primary breadwinner and provider for the family, while the wife is considered dependent on her husband's income. However, recent legal developments have recognized that husbands can also be entitled to maintenance under certain circumstances.

The legal provisions for maintenance to a husband in India are primarily governed by two acts:

1. The Hindu Marriage Act, 1955: 

Section 24 of this act allows either the husband or the wife to claim interim maintenance during the pendency of divorce proceedings. The court may grant maintenance to the husband if he can demonstrate that he does not have sufficient income to support himself while the divorce case is ongoing.

Section 25, Permanent alimony and maintenance. According to Section of the Act, “Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may 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 applicant's life”.

2. The Protection of Women from Domestic Violence Act, 2005: Section 20 of this act allows a husband to claim maintenance from his wife if he can establish that he is unable to maintain himself due to any domestic violence committed by the wife or her relatives.

RAJESH BAI V. SANJAY KUMAR BANSAL (2011)

This case was decided by the Supreme Court of India in 2011.

In this case, the husband filed a petition seeking maintenance from his wife under Section 125 of the Code of Criminal Procedure (CrPC). Section 125 of the CrPC allows a husband, wife, or children who are unable to maintain themselves to claim maintenance from the other party.

The Supreme Court, in its judgment, held that the provisions of Section 125 of the CrPC are gender-neutral, meaning that they apply to both men and women. The Court emphasized that the purpose of the provision is to prevent destitution and ensure that individuals who are unable to maintain themselves are provided with financial support.

The Court further stated that the right to claim maintenance is based on the principle of equality enshrined in the Indian Constitution. It held that a husband who is unable to maintain himself and does not have sufficient means to support his basic needs is entitled to claim maintenance from his wife.

The judgment in the Rajesh Bai case was significant as it recognized the rights of husbands to claim maintenance in India, challenging the traditional notion that only wives are entitled to such support. This decision paved the way for husbands in similar circumstances to seek maintenance from their wives under Section 125 of the CrPC.

It is important to note that the specific facts and circumstances of each case are crucial in determining the outcome, and maintenance awards can vary depending on the individual circumstances and discretion of the court.

KUMARESAN V. ASWATHI (2002)

In the Madras High Court case The court adopted this interpretation of Section 24 of the Hindu Marriage Act of 1955, which states that the only requirement for providing support pendente lite is that the person in issue does not have a considerable independent source of income. If it is ruled that the petitioner has a sufficient income, they will not be granted support pendente lite.

As a result, evaluating key and well-known landmark decisions aided in defining the conditions for interpreting the maintenance provision under The Indian legal system stipulates the amount of maintenance that must be provided to the spouse, either the husband or the wife, based on the facts of the case. Personal laws such as the Hindu Marriage Act of 1955 and the Hindu Adoptions and Maintenance Act of 1956 provide requirements for maintenance if a marriage dissolves.

Maintenance is also given under Muslim personal laws, according to legislation such as the Muslim Women (Protection of Rights on Marriage) Act, 1986, and the Muslim Women (Protection of Rights on Divorce) Act, 2019. The Special Marriage Act of 1954, another piece of marriage legislation, provides for the request of maintenance regardless of faith or creed practiced by either partner. In addition to the Personal laws, the Protection of Women from Domestic Violence Act of 2005 (PWDVA) and the Code of Criminal Procedure of 1973 (CrPC) have provisions for maintenance.