Maintenance for a wife in India can be sought under various legal provisions, depending on the circumstances and the specific law applicable. The Hindu Adoption and Maintenance Act, the Hindu Marriage Act, and the Code of Criminal Procedure (CrPC) each provide a distinct framework for the grant of maintenance to a wife. Here's a distinction between these three provisions:
1. The Hindu Adoption and Maintenance Act, 1956 (Section 18):
Applicability: This Act applies to Hindus, including Sikhs, Jains, and Buddhists, and is primarily concerned with maintenance obligations within the family.
Eligibility: Section 18 of the Hindu Adoption and Maintenance Act primarily deals with the maintenance of a wife by her husband. A wife, who is unable to maintain herself, can seek maintenance from her husband under this provision.
Maintenance Amount: The court may determine the amount of maintenance based on various factors, including the husband's income and assets, the wife's needs, the standard of living, and other relevant circumstances.
Wife will not be entitled to get maintenance if she is unchaste or ceases to be a hindu by conversion to another religion.
2. The Hindu Marriage Act, 1955 (Section 25- Permanent Alimony)
Applicability: This Act applies to Hindus, and it primarily deals with marriage, divorce, and allied matters.
Eligibility: Section 25 of the Hindu Marriage Act allows the court to grant permanent alimony and maintenance to a spouse (either the wife or the husband) when passing a decree of divorce or judicial separation or at any time subsequent thereto.
Maintenance Amount: The court may consider the financial position and other relevant factors of both spouses when determining the amount of maintenance. The objective is to ensure the financial security of the spouse who may not have adequate means to maintain themselves post-divorce or separation.
3. The Code of Criminal Procedure (CrPC), 1973 (Section 125):
Applicability: The CrPC is a procedural law that applies to all citizens in India, regardless of their religion.
Eligibility: Section 125 of the CrPC provides a more general remedy for maintenance, and it is not limited to any particular religion. Under this section, a wife (including a divorced wife) who is unable to maintain herself can claim maintenance from her husband, irrespective of the personal laws governing their marriage.
Maintenance Amount: The court determines the amount of maintenance based on the wife's needs and the husband's ability to pay. The objective is to provide a subsistence allowance to the wife.
Remarriage: If the wife remarries, she may lose her right to claim maintenance.
In summary, the Hindu Adoption and Maintenance Act, the Hindu Marriage Act, and Section 125 of the CrPC provide distinct avenues for a wife to claim maintenance. Leading judgment on this point is
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 730 OF 2020
RAJNESH Vs NEHA & Anr
Dated: November 4, 2020
No comments:
Post a Comment