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In Indian family law, maintenance refers to financial support provided to a dependent, usually a spouse, child, or parents, to ensure their well-being and standard of living. It is typically awarded in cases of divorce, separation, or abandonment. Key Legislations: 1. Hindu Marriage Act, 1955 (for Hindus) 2. Special Marriage Act, 1954 (for interfaith marriages) 3. Muslim Women (Protection of Rights on Divorce) Act, 1986 (for Muslim women) 4. Criminal Procedure Code, 1973 (CrPC), Section 125 (applicable to all religions for basic maintenance) Who Can Claim Maintenance: - Wife: A wife (including a divorced wife) can claim maintenance if she cannot sustain herself. - Children: Minor children, unmarried daughters, and in some cases, major children (if disabled) can claim maintenance. - Parents: Elderly or infirm parents can claim maintenance from their children. Types of Maintenance: 1. Interim Maintenance*: Temporary financial support granted during the pendency of legal proceedings. 2. Permanent Maintenance*: A long-term or one-time financial support awarded as part of the final decree of divorce or separation. Determining Maintenance: Courts consider various factors when determining the amount of maintenance, including: 1. Financial Status of the Parties*: The income, property, and overall financial standing of both the person seeking maintenance and the person liable to pay. 2. Standard of Living: The court assesses the standard of living the claimant was accustomed to during the marriage. 3. Reasonable Needs: The claimant's basic needs, such as food, shelter, clothing, education (in case of children), and medical expenses, are considered. 4. Earning Capacity: The earning capacity of the claimant and whether they have the ability to maintain themselves. 5. Age and Health: The age, health, and physical condition of the claimant may influence the maintenance amount, especially in cases of elderly parents or disabled children. 6. Conduct of the Parties: In some cases, the court may also consider the conduct or fault of either party, though this is not the primary factor. 7. Children’s Expenses: If children are involved, their education, medical, and day-to-day expenses are given priority. Ceasing of Maintenance: Maintenance may cease if the dependent remarries, becomes financially independent, or if the paying party proves a significant change in circumstances. This ensures a fair balance between the needs of the dependent and the financial capability of the payer.

In family law, **maintenance** refers to the financial support that one spouse or partner is legally obligated to provide to the other, either during the marriage or after separation or divorce. This can include support for a spouse, children, or both. The purpose of maintenance is to ensure that the dependent spouse or children can maintain a reasonable standard of living, especially when one party has a significantly higher income or earning potential than the other. Maintenance obligations can arise under various statutes, such as Section 125 of the Criminal Procedure Code (CrPC), the Hindu Marriage Act, or the Special Marriage Act, depending on the parties' religion and the nature of the relationship. The determination of maintenance involves several factors. Courts consider the earning capacity, financial status, and lifestyle of both parties, the needs and reasonable expenses of the claimant, the number of dependents, the duration of the marriage, and the age and health of both spouses. If children are involved, their well-being is prioritized. Courts also assess whether the claimant has sufficient means to support themselves. Temporary (interim) maintenance can be awarded during the pendency of legal proceedings, while permanent maintenance may be granted as part of the final settlement. The goal is to balance fairness and necessity, ensuring financial support is available where needed while not overly burdening the paying party.

Maintenance laws have been adopted as a social justice measure to provide dependent spouses and children with financial assistance, preventing them from sliding into destitution and vagrancy. When a marriage is dissolved, certain rights become available to the parties. In rare instances, the woman is permitted to request maintenance from her husband to protect herself and her children. It is offered to cover the wife’s living expenses and provide her with comfort by reducing the loss. Certain laws in India, such as the Hindu Marriage Act of 1955, provide both the husband and wife the right to claim support. The Hindu Adoption and Maintenance Act, which only applies to Hindus, gives the woman certain extra privileges. Maintenance Under Hindu Law The relief of maintenance is considered an ancillary relief and is available only upon filing for the main relief like divorce, restitution of conjugal rights or judicial separation. Further, under matrimonial Hindu laws, if the husband is ready to cohabit with the wife, generally, the wife’s claim is defeated. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking a divorce or any other major matrimonial relief, has been recognised in Hindu law alone. A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956. The Act envisages certain situations in which it may become impossible for a wife to continue to reside and cohabit with the husband, but she may not want to break the matrimonial tie for various reasons ranging from growing children to social stigma.