Maintenance Should Ensure Decent Living Standard for a Woman

In a landmark decision, the Supreme Court of India stated that the purpose of maintenance or permanent alimony is to ensure a decent living standard for the woman. It is not a punishment. The court ordered the man to pay Rs. 2 crore as permanent alimony to the woman and also elaborated on the factors to be considered when determining the quantum of maintenance, upon the dissolution of their marriage.

Let us understand the law around maintenance in India. 

What is maintenance?

Maintenance or alimony is a form of financial support that a spouse can claim in a divorce proceeding, if they do not have sufficient means of income to sustain themselves or their children. Indian law provides for both temporary and permanent maintenance.

What are the types of maintenance?

• Temporary Maintenance: During divorce proceedings, if a spouse lacks independent income, they can apply to the court for temporary maintenance. The court will set a reasonable monthly amount, based on the income and paying capacity of the other spouse.
• Permanent Maintenance or Alimony: During the pendency of a divorce case, a spouse can apply for permanent maintenance, which can be paid monthly, periodically, or as a lump sum. The court will consider a few factors like the lifestyle enjoyed in the matrimonial home and the income and paying capacity of the spouse. This amount can be modified if circumstances change, such as increased educational expenses for children or changes in the paying spouse’s salary or standard of living.

Can maintenance be discontinued under any circumstances?

Maintenance cannot be granted if the main petition for divorce or judicial separation is dismissed or withdrawn. A person who is receiving monthly or periodic maintenance can only continue to do so until they remarry. Maintenance can also be revoked if man or woman receiving it has sexual relations with another partner.

Can a woman claim for maintenance multiple times?

In India, a wife can claim maintenance under the following laws: 

• Section 144 under the Bharatiya Nagarik Suraksha Sanhita, 2023.
• Section 36 and 37, Special Marriage Act, 1954
• Section 24 and 25, Hindu Marriage Act, 1955
• Section 18,19,20 and 22 Hindu Adoption and Maintenance Act, 1956
• Section 20, Protection of Women from Domestic Violence 

However, multiple or overlapping claims of maintenance under all these laws cannot be made. If maintenance has been granted in a previous case, it must be disclosed in later cases, and the court will consider it when deciding the amount.

What did the court say in the current case?

The court  stated that, “There is no fixed formula for calculating the maintenance amount; instead, it should be based on a balanced consideration of various factors.” 

These factors include: 

• the social and financial status of the parties, 
• the reasonable needs of the woman and dependent children, 
• the qualifications and employment status of both parties, 
• any independent income or assets they own, and 
• the standard of living maintained in the matrimonial home.

The court said that judges should consider the status of the parties, their social standing, lifestyle, and financial background. They should assess reasonable needs like food, clothing, shelter, education, and medical expenses. The educational and professional qualifications of the person asking for maintenance, as well as their employment history, play a crucial role.

The court also considered whether the woman had sacrificed employment opportunities for family responsibilities. They looked at the financial capacity of the man, including his actual income, reasonable expenses for his own maintenance, and obligations to support dependents and repay liabilities.

Referring to the Vishwanath Agrawal v. Sarla Vishwanath Agrawal and Rajnesh v. Neha and Another, the court noted that the award of maintenance or permanent alimony should not be a punishment but should ensure a decent living standard for the person applying for maintenance.