Refusing to live with the husband is no reason to deny maintenance

In a landmark decision last week,the Supreme Court of India ruled that a wife is entitled to claim maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC), even if she refuses to live with him despite an order for restitution of conjugal rights. 

The court emphasized that , as long as she is able to prove that she had valid reasons, a woman’s refusal to comply with such an order does not disqualify her from receiving maintenance. The Court highlighted that the husband’s responsibility to provide for her remains intact.

In this Weekly, we discuss what are the laws of maintenance in India and what are the conditions to claiming maintenance.

Maintenance Rights under Indian Laws

Maintenance laws in India are designed to provide financial support to individuals unable to support themselves. Section 125 Code of Criminal Procedure,1973 (“CrPC”) provides for those with sufficient means to  financially support  wives, children, and parents who are unable to provide for themselves Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) elaborates on the framework for granting maintenance, complementing the provisions under Section 125 of CrPC.

Section 125 CrPC (now Section 144 BNSS)

The law outlines the conditions under which a court can order maintenance. The key provisions include:

1. Entitlement to Maintenance: Categories of dependents include:
   • Wives unable to maintain themselves.
   • Legitimate or illegitimate children unable to sustain themselves, including those with disabilities.
   • Fathers and mothers unable to maintain themselves.
2. Interim Maintenance and fast-tracked court proceedings: The law mandates timely interim reliefs like providing financial assistance while the case is pending and mandates disposal of such applications within sixty days, wherever possible.
3. Grounds for Refusal and Cancellation: Maintenance may be denied if the wife is in adultery, refuses to live with her husband without sufficient cause, or if the couple lives separately by mutual consent. Orders can be canceled upon proof of such grounds.
4. Enforcement Mechanisms: Magistrates can issue warrants and impose imprisonment for disobeying orders of maintenance. 

Maintenance for Spouse under the Hindu Adoption and Maintenance Act, 1956 (HAMA):

The Hindu Adoption and Maintenance Act, 1956, was enacted to establish a legal framework for the maintenance of various dependents, including wives, children, aged or ill parents, widowed daughters-in-law, and others. 

Provisions for Maintenance:

• Under Section 18(1), the husband is obligated to maintain his wife during their marriage. The duty of maintenance is a personal obligation of the husband, which continues throughout the marital relationship.
• Section 18(2) extends the right of maintenance to the wife even if she is living separately from her husband due to justifiable causes or with his consent. There are several grounds under which a wife can claim maintenance while living separately, such as desertion, cruelty, leprosy, polygamy, concubinage, or conversion to another religion.
• Section 18(3) states that a wife who has been disloyal or has converted to another religion will no longer have the  right to maintenance.

Maintenance under the Hindu Marriage Act, 1955 (HMA):

The Hindu Marriage Act, 1955, focuses on the provisions for maintenance during the marriage and following its dissolution. It recognizes two distinct types of maintenance: temporary maintenance and permanent maintenance.

Temporary Maintenance (Section 24 of HMA):

• Section 24 allows the court to order temporary maintenance while a divorce or separation proceeding is going on. If either spouse is unable to support themselves during the litigation, the court may direct the other spouse to provide for their maintenance. The amount is determined based on the incomes of both parties.

Permanent Maintenance (Section 25 of HMA):

• Section 25 provides for the maintenance of a spouse following the disposal of divorce proceedings. The court may grant permanent maintenance in the form of a lump sum or monthly payments. The maintenance continues until the recipient remarries or dies.

What is restitution of conjugal rights?

According to Section 9 of the HMA, if either the husband or the wife, without any reasonable cause abandon their spouse, then the spouse who has been abandoned can approach a district court with the application for restitution of conjugal rights. The Court may pass an order requiring the spouse who has gone away to return and resume living together.

What does this judgment highlight?

While neither the CrPC nor the personal laws on maintenance place any restriction on the wife’s right to receive maintenance if she refuses to live with her husband, this judgment re-emphasises that the wives are entitled to a life of dignity even if they decide to stay away from their husbands due to valid reasons.

To know more about the process of maintenance, read our explainers here and here.