Critical review of changing trend relating to maintenance under personal laws in India

Abstract

Maintenance is an allowance, required by the law to be made to a wife, out of her husband’s estate for her support either during the matrimonial suit or on its termination where fact of marriage is established and she proves herself entitled separate maintenance.

Maintenance can be claimed by wives under all matrimonial statutes except under the Dissolution of Muslim Marriage Act, 1939, as an ancillary relief in matrimonial proceedings. The right can be claimed only as subsidiary relief while claiming a primary matrimonial relief such as divorce, judicial separation, annulment of marriage, or restitution of conjugal rights. The Protection of Women from Domestic Violence Act, 2005 provides an additional avenue for women to claim maintenance and compensation from their husbands and live in partners. Under these provisions, maintenance can be obtained without the necessity of initiating proceedings for a primary matrimonial relief.