Marriage is a sacred institution in India, and the law provides various safeguards to ensure the well-being of both partners. However, there are instances when a husband and wife decide to live separately due to irreconcilable differences, cruelty, desertion, or other issues. In such situations, the question of financial support for the wife often arises. Indian law recognises a husband’s duty to provide financial maintenance to his wife on separation to ensure she can lead a dignified life. This article explores the legal provisions, rights, and entitlements related to allowances due to a wife from her husband in cases of separation.
Laws Governing Maintenance to a Wife
Under Indian law, several statutes address the issue of maintenance for a wife separated from her husband:
- The Hindu Marriage Act, 1955
- The Hindu Adoptions and Maintenance Act, 1956
- Section 125 of the Code of Criminal Procedure, 1973 (CrPC)
- The Protection of Women from Domestic Violence Act, 2005
- Muslim Personal Law
- Special Marriage Act, 1954
Each law provides specific guidelines regarding the quantum, eligibility, and circumstances under which a wife can claim maintenance or allowance from her husband.
Maintenance under Section 125 CrPC
Section 125 of the Code of Criminal Procedure is a secular provision, meaning it applies to women of all religions. It provides for maintenance to wives, children, and parents.
- Eligibility: A wife (including a divorced wife) can claim maintenance if she is unable to maintain herself and the husband has sufficient means but refuses to provide for her.
- Grounds for Maintenance:
- Desertion by the husband
- Cruelty
- Neglect of marital duties
- Refusal to maintain the wife without sufficient cause
- Quantum of Maintenance: There is no fixed amount for maintenance. The court determines the allowance based on the husband’s income, the standard of living of the wife during the marriage, and the needs of the wife.
- Judicial Precedent: In Bhuwan Mohan Singh v. Meena (2014), the Supreme Court emphasised that maintenance is a wife’s right, and courts must ensure that she does not suffer financial hardship.
The Hindu Marriage Act, 1955 (Section 24 and Section 25)
For Hindus, the Hindu Marriage Act provides for maintenance during and after the matrimonial proceedings:
- Section 24: Interim Maintenance: A wife can claim interim maintenance during the pendency of matrimonial proceedings (e.g., divorce, judicial separation).
- Section 25: Permanent Alimony and Maintenance
- After the divorce or separation, the court may award a permanent maintenance amount to the wife.
- The court considers the husband’s income, the wife’s needs, and other relevant factors while determining the amount.
- Maintenance may be paid as a lump sum or periodically.
- Landmark Case: In Chaturbhuj v. Sita Bai (2008), the Supreme Court held that a wife is entitled to claim maintenance even if she has some income, as long as it is insufficient for her needs.
The Hindu Adoptions and Maintenance Act, 1956
Under Section 18 of the Hindu Adoptions and Maintenance Act, a Hindu wife is entitled to claim maintenance from her husband while living separately under the following circumstances:
- Desertion by the husband
- Cruelty
- The husband suffering from a contagious disease
- Adultery by the husband
- Conversion of the husband to another religion
- Any other reasonable cause
This law emphasises the husband’s duty to maintain his wife, irrespective of whether she lives with him or separately.
