Maintenance Rights of Wife in India – Legal Protection Explained

Introduction: What is Maintenance?

Maintenance means support or sustenance of wife by her husband and to bear expenses incurred on it. Every wife is entitled to maintenance from her husband, even after separation or divorce. In India, a wife is well protected by various Acts and has several rights to her advantage, as discussed below.

Scope of Maintenance under Hindu Law

Section 3(b) of The Hindu Adoption & Maintenance Act 1956, Maintenance includes the following: –

• In all cases, Provision for food, clothing, residence, education, and medical attendance & treatment.
• In the case of unmarried daughter, the reasonable expenses of an incident to her marriage.

Acts Governing Maintenance Rights

There are various provisions in different Acts that provide for the maintenance of wife as follows: –

• Provision under Code of Criminal Procedure 1973.
• Provision under The Hindu Marriage Act 1955
• Provision under The Hindu Adoption & Maintenance Act 1956.
• Provision under The Protection of Women from Domestic Violence Act.

When is a Wife Entitled to Maintenance?

A wife is entitled to maintenance in the following cases: –

• When the wife lives separately from her husband.
• When the wife lives with her husband.
• When the wife lives separately under the decision of a court decree of judicial separation or divorce.

Grounds for Claiming Maintenance While Living Separately

Section 18(2) of The Hindu Adoption & Maintenance Act 1956, provides a list of grounds stating when a wife can live separately and still claim maintenance from her husband, as described below: –

• Desertion: [Sec. 18(2)(a)] defines “Desertion” as abandoning wife without reasonable cause or consent or wish or willfully neglecting her, of any duration.
• Cruelty: [Sec. 18(2)(b)] defines “Cruelty” as subjected to wife during her marriage and fear for her life, is entitled to maintenance.
• Leprosy: [Sec.18 (2)(c)] deals with a wife living separately & entitled to maintenance, if husband suffers from a virulent form of leprosy. Duration being of no consequence but should exist at the time of filing for separation & maintenance.
• Keeps a concubine: [Sec. 18 (2)(e)] lays down that if a husband keeps a concubine in the same house in which wife is living or habitually resides with a concubine elsewhere, amounting to adultery, the wife is entitled to live separately and claim maintenance.
• Another wife living: [ Sec. 18 (2)(d)] lays down that any wife can claim separate residence & maintenance, provided that both wives are alive at the time claim is made.
• Conversion: [ Sec. 18(2)(f)] entitles a wife to claim maintenance if the husband has ceased to be a Hindu by conversion to other religion.
• Any other justifiable cause: [Sec.18(2)(g) states any other cause that justifies wife living separately.

For a cause to be justifiable it should be grave, weighty, convincing, logical and something  more than normal wear & tear of marriage.

When Does a Wife Lose Her Right to Maintenance?

But also, there are circumstances where upon a wife ceases to be entitled to a separate residence and maintenance as follows:-

• If she is unchaste or has committed adultery or any other illicit sexual relationship with anyone else.   OR
• If she has ceased to be a Hindu by conversion to another religion.  OR
• When she resides separately without any just cause.    OR
• When the wife lives separately as a result of compromise and waives her right of maintenance.

Conclusion: Ensuring Fairness in Marriage

So, My Friends, the responsibility of sustaining a marriage falls on the shoulders of both spouses. In matrimony, when one is delinquent, the other can invoke the above provisions for remedial course & actions.

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