INTRODUCTION
Marriage was once considered a sacrament in India, with a link so pure that it could not be dissolved for seven lifetimes. Marriage has lost its sacramental essence as a result of modern Hindu laws and an ever-expanding society. Most Indian laws are based on English laws, with little regard for the nature and fragility of Indian culture. However, the existing state of affairs in the United States necessitates the provision of divorce. When one is granted the right to life as a fundamental right, he or she also gains the freedom to choose whether or not to live with another person, which cannot be rejected. The courts arrange for maintenance to preserve the interests of the woman after the divorce is granted, allowing her to return to the same position she would have been in if the divorce had not been granted.
Maintenance under Hindu Law
Maintenance is the right to obtain reasonable necessities from another. In numerous circumstances, it has been decided that maintenance comprises not only food, clothing, and a place to dwell, but also the necessities for the comfort and status in which the person entitled is reasonably anticipated to live. The right to upkeep isn't something that can be passed down from generation to generation. A woman has the right to demand maintenance under the Hindu Adoption and Maintenance Act of 1956 and the Hindu Marriage Act of 1955. If the court determines that either the husband or wife has no source of income throughout the proceedings, the court will enable the petitioner to receive maintenance from the respondent.
In India, Hindu law recognises a wife's, children's, elderly parents', and widowed daughter or daughter-in-claim laws to maintenance. The Hindu Adoptions and Maintenance Act of 1956, however, allows a Hindu wife to live away from her husband without jeopardising her maintenance claim. The Indian courts have recognised a working woman's right to maintenance, ruling that an estranged wife can seek maintenance from her husband even if she generates a monthly salary that is insufficient to support herself.
Maintenance under Muslim Law
“The protection of the rights of Muslim women who have been divorced by, or have gained divorce from, their spouses,” according to the “Women (Protection Of- Rights on Divorce) Act, 1986.” The Act includes provisions for things related to or incidental to it. The Act makes no mention of any of the rights that were accessible to Muslim women at the time of its implementation being annulled, taken away, or restricted. The Act specifies the criteria for granting maintenance to women in various parts. According to Section (a) of the aforementioned Act, a divorced woman is entitled to reasonable and equitable support and maintenance from her former husband, and the husband must do so within the term of iddat, albeit his obligation is not limited to that time.
A divorced Muslim woman is entitled to maintenance in the following circumstances, according to the Act:
The wife must be paid reasonable and fair maintenance during the iddat period. Mehr, as agreed upon at the time of marriage, must be returned.
Maintenance must be paid for two years when the woman must support herself and her children. If the child is born after the divorce, the two-year period starts on the day of the child's birth.
The wife must be paid the amount of Mehr or dower agreed upon at the time of marriage or after the marriage.
All of her possessions were presented to her by her relatives, friends, or husband before, during, or after the event.
Maintenance under Parsi Law
Through criminal and/or civil actions, Parsi can seek support from their spouse. There is no legal restriction to interested parties pursuing both criminal and civil proceedings at the same time. In contrast to civil processes, the parties' faith has no bearing on the criminal proceedings.
A Parsi woman has the right to support under the Parsi Marriage and Divorce Act of 1936. Maintenance might be awarded up to one-fifth of the husband's net income by the court. The husband's ability to pay, the wife's property and other assets, and the husband and wife's conduct are all considerations considered by the court. Only if the wife remains unmarried and chaste following the divorce procedure is the husband obligated to pay her maintenance for the rest of her life. S.40 of the Parsi Marriage and Divorce Act states that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodic sum, for a term not exceeding the plaintiff's life, as the Court may deem just, taking into account the defendant's income and other property, if any, the plaintiff's income and other property, the conduct of the parties, and other circumstances of the case.
Maintenance under Christian Laws
The law governing Christian maintenance is governed by the Indian Divorce Act. It states that a woman may be granted maintenance, but that it should not exceed one-fifth of the husband's salary, and that the wife must stay unmarried and chaste. The amount is determined by the wife's income, the husband's property and income, as well as several other criteria. She can seek maintenance in a Civil Court or a High Court under Section 37 of the Indian Divorce Act, 1869. The husband will be responsible for her maintenance for the rest of her life.
Maintenance under Section 125 of the Code of Criminal Procedure, 1973
According to Section 125 of the Code of Criminal Procedure, 1973, the right to maintenance under Indian family law extends not only to the wife and dependent children but also to poor parents and divorced wives. The ability of the husband to provide sufficient resources is a deciding factor in the maintenance claim. ‘What is the maximum maintenance under Section 125?’ is a frequently requested question. Previously, the magistrate could only award Rs. 500 in maintenance per month, but now the magistrate can award any amount of maintenance they want. When there is convincing proof of the man's neglect and failure to sustain his wife, kid, father, or mother, a Class I Magistrate may order him to pay a monthly allowance for their maintenance. A wife, on the other hand, will not be entitled to maintenance if she has committed adultery, refuses to reside with her husband, or splits from him by mutual consent under Section 125 of the CrPC.
Maintenance under Special Marriage Act, 1954
This Act empowers the wife to make a maintenance claim against the husband based on his income and property, her income, their behaviour, and a variety of other factors. If the court that issued the decree believes the circumstances of the case have changed, it can alter the decree.
CONCLUSION
India is a secular country. People of several religions live here, and the personal laws of the parties are given precedence when dealing with the party's personal affairs. However, violations of constitutional rights are not permitted, as was the case with triple talaq, in which a man was given complete power to divorce his wife without respecting her wishes; the court ruled down triple talaq since it treated women unequally. Maintenance is frequently viewed as a sexist favour given to women, yet given a woman's fragile nature, her dignity and needs must be preserved to the greatest extent feasible. Furthermore, the amounts vary depending on the health of both the husband and the wife, and in some situations, the court may reduce the amount to take into account the wife's health. In some circumstances, Indian laws provide for the husband's support. While mutual divorce is less unpleasant for individuals and their families, disputed divorce causes more issues such as child custody, support, and other issues.
REFERENCES
https://www.shoneekapoor.com/dr-mrs-vijaya-manohar-arbat-vs-kashi-rao-rajaram-sawai/
https://www.myadvo.in/blog/laws-relating-to-maintenance-in-india/
https://blog.ipleaders.in/divorce-maintenance-laws-india/
https://www.legalserviceindia.com/articles/hmcp.htm
https://www.mondaq.com/india/family-law/1034570/supreme-court-clarifies-the-law-on-maintenance