Maintenance

Maintenance flows from the concept of marriage. The question of maintenance is not dependent upon the divorce proceedings. Even before the case of divorce is filed, Indian Law provides the right to claim maintenance through the medium of the Court.

Under the entire scale of Indian matrimonial law, we will find that the provisions for maintenance are available in following statues in case of Hindu Marriage:

• Section 125 Criminal Procedure Code (Cr.P.C.)
• Section 20 of Protection of women from Domestic Violence
• Section 18 of Hindu Adoption and Maintenance Act
• Section 24 of Hindu Marriage Act
• Section 25 of Hindu Marriage Act

A general conjoint reading of the aforesaid provision makes it amply clear that the objective of law is to provide maintenance to the Spouse who does not have sufficient means to maintain himself/herself by the one who has capacity and means to provide maintenance.

While awarding maintenance, Court considers following factors among other:

• Status of the Husband and Wife.
• Salary/ Income of the Husband and Wife.
• Liabilities of Husband, if any.
• Dependents.
• Reasonable wants of claimant.
• Financial Background.
• Movable & Immovable properties of the Husband.

Though there is no fixed formula to arrive at the calculation of maintenance. Yet, the figure hovers around 30% to 40% of the salary/income.

Court awards MAINTENANCE on the strength of Marriage and conduct of the party could play a part in determining the quantum of Maintenance.

The work of Divorce/Maintenance Attorney as well as the Court is to have an award of Sensible Maintenance depending upon the status of the parties.