Maintenance (#FinancialProtection) to #HinduWife under #IndianLaw: Ozg Lawyers -
1️⃣ Hindu Marriage Act, 1955
2️⃣ Hindu #Adoptions & Maintenance Act, 1956
3️⃣ Section 125 of the CrPC, 1973
4️⃣ Protection of Women from Domestic Violence (PWDV) Act, 2005
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1️⃣ Hindu Marriage Act, 1955
📌 Sections 24 and 25 make provision for maintenance to a party who has no independent income sufficient for his or her support, and necessary expenses. This is a gender-neutral provision, where either the wife or the husband may claim maintenance. The prerequisite is that the applicant does not have independent income which is sufficient for her or his support during pendency of case.
📌 Section 24 of the #HinduMarriage Act, 1955 provides for maintenance pendente lite, where the Court may direct the respondent to pay the expenses of the proceeding, and pay such reasonable monthly amount, which is considered to be reasonable, having regard to the income of both the parties. The proviso to Section 24 providing a time line of 60 days for disposal of the application was inserted vide Act 49 of 2001 w.e.f. 24.09.2001.
📌 Section 26 of the #HinduMarriageAct, 1955 provides that the Court may from time to time pass interim orders with respect to the custody, maintenance and education of the minor children.
2️⃣ Hindu Adoptions & Maintenance Act, 1956:
📌 This is a special legislation which was enacted to amend and codify the laws relating to adoption and maintenance amongst #Hindus, during the subsistence of the marriage.
📌 Section 18 provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime. She is entitled to make a claim for a separate residence, without forfeiting her right to maintenance. Section 18 read in conjunction with Section 23 states the factors required to be considered for deciding the quantum of maintenance to be paid. Under sub-section (2) of Section 18, the husband has the obligation to maintain his wife, even though she may be living separately. The right of separate residence and maintenance would however not be available if the wife has been #unchaste, or has #converted to another religion.
3️⃣ #Section125 of the CrPC, 1973
The purpose and object of Section 125 CrPC is to provide immediate relief to an applicant. An application under Section 125 CrPC is predicated on two conditions:
📌 The husband has sufficient means; and neglects to maintain his wife, who is unable to maintain herself. In such a case, the husband may be directed by the Magistrate to pay such monthly sum to the wife, as deemed fit. Maintenance is awarded on the basis of the financial capacity of the husband and other relevant factors.
📌 Under sub-section (2) of Section 125, the Court is conferred with the discretion to award payment of maintenance either from the date of the order, or from the date of the application.
📌 Under the third proviso to the amended Section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days’ from the date of service of notice on the respondent.
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4️⃣ Protection of Women from Domestic Violence (PWDV) Act, 2005
The PWDV Act provides relief to an aggrieved woman who is subjected to “domestic violence.”
📌 1. Sections 17 and 19 grant an entitlement in favour of an aggrieved woman to the right of residence in a “shared household”, irrespective of her having any legal interest in the same or not. From the definition of “aggrieved person” and “respondent”, it is clear that :
(a) it is not the requirement of law that the aggrieved person may either own the premises jointly or singly, or by tenanting it jointly or singly;
(b) the household may belong to a joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title, or interest in the shared household;
(c) the shared household may either be owned, or tenanted by the respondent singly or jointly.
📌 2. The right to residence u/s 19 is, however, not an indefeasible right, especially when a daughter-in-law is claiming a right against aged parents-in-law. While granting relief u/S. 12 of the PWDV Act, or in any civil proceeding, the court has to balance the rights between the aggrieved woman and the parents-in-law.
📌 3. Section 20(1)(d) provides that maintenance granted under the PWDV Act to an aggrieved woman and children, would be given effect to, in addition to an order of maintenance awarded under Section 125 of the CrPC, or any other law in force.
📌 4. Under sub-section (6) of Section 20, the Magistrate may direct the employer or debtor of the respondent, to directly pay the aggrieved person, or deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted toward the monetary relief payable by the respondent.
📌 5. Section 22 of PWDV Act provides that the Magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence perpetrated by the respondent.
📌 6. Section 26 of the #PWDV Act provides that any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding before a Civil Court, Family Court or Criminal Court.
📌 7. Section 36 provides that the PWDV Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force.
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