In India, the law provides multiple avenues for a wife to claim maintenance depending on the circumstances of her marriage and relationship with her husband. The three most commonly used legal provisions include Section 125 of the Criminal Procedure Code (CrPC), Section 24 of the Hindu Marriage Act (HMA), 1955, and Section 20 of the Protection of Women from Domestic Violence Act, 2005. Each of these sections serves a different purpose, has a different scope, and comes with its own procedure. Understanding their practical differences is essential for women seeking financial support and justice.
1. Maintenance Under Section 125 of CrPC (Criminal Procedure Code, 1973)
Who Can Claim:
Any wife who is unable to maintain herself can file for maintenance, even if she is not a Hindu. This section applies to all religions.
Key Conditions:
- The husband has sufficient means but neglects or refuses to maintain his wife.
- The wife must be legally wedded.
- If she is living separately without sufficient reason, she may be denied maintenance.
- She cannot claim maintenance if she is living in adultery or has remarried.
Relief Granted:
Monthly monetary maintenance to ensure the wife’s basic sustenance. The Magistrate decides the amount based on husband’s income and wife’s needs.
Procedure:
- File a petition before the Magistrate First Class.
- Submit proof of marriage, husband’s income, and evidence of neglect.
- Attend hearings and cross-examinations.
Recent Judgment:
Rajnesh v. Neha (2020) 12 SCC 122 – Supreme Court laid down detailed guidelines for deciding maintenance, including affidavits of income, expenditure, and liabilities to be submitted by both parties.
2. Maintenance Under Section 24 of the Hindu Marriage Act, 1955
Who Can Claim:
Either the husband or the wife in a Hindu marriage can claim maintenance pendente lite (during litigation) and legal expenses.
Key Conditions:
- The claimant must not have sufficient independent income to support themselves during the pendency of divorce, judicial separation, nullity or restitution proceedings.
- This provision is only available during the pendency of proceedings under HMA.
Relief Granted:
Monthly interim maintenance and litigation expenses.
Procedure:
- File an application under Section 24 along with divorce or related petitions in Family Court.
- Both parties must disclose their financial status through affidavits.
Recent Judgment:
Manish Jain v. Akanksha Jain (2017) 15 SCC 801 – The Supreme Court clarified that “status” of parties and the husband’s earning capacity should be considered while awarding maintenance.
3. Maintenance Under Section 20 of the Protection of Women from Domestic Violence Act, 2005
Who Can Claim:
Only women who are in a domestic relationship and have faced domestic violence (including emotional, financial, physical, or verbal abuse) can claim maintenance under this Act.
Key Conditions:
- The aggrieved woman must prove that she was subjected to domestic violence.
- Can be filed against husband or any male/female relatives involved in violence.
Relief Granted:
- Monetary relief to cover expenses for food, shelter, clothing, education, medical treatment.
- Can include lump-sum or monthly payments.
- Can be granted in addition to maintenance under other laws.
Procedure:
- File a complaint with the Magistrate or Protection Officer.
- Court may direct immediate relief under an ex parte order.
- The court may pass final maintenance orders after hearing both sides.
Recent Judgment:
Kirtikant D. Vadodaria v. State of Gujarat (1996) 4 SCC 479 – Held that even children and other relatives, apart from the husband, can be directed to pay maintenance under special circumstances.
Comparison Table:
| Provision | Eligibility | When Applicable | Scope | Relief |
|---|---|---|---|---|
| Section 125 CrPC | Wife unable to maintain herself | Anytime (even without divorce) | All religions | Monthly maintenance |
| Section 24 HMA | Spouse in Hindu marriage | During matrimonial litigation | Only Hindus | Interim maintenance + legal expenses |
| Section 20 DV Act | Aggrieved woman in domestic relationship | If domestic violence proved | All women facing DV | Monetary relief, can include rent, medical, etc. |
Frequently Asked Questions (FAQs)
Q1. Can a woman claim maintenance under more than one law at the same time?
Yes, a woman can file under multiple laws, but she cannot receive duplicate relief. The court will adjust the amount to avoid overlap.
Q2. Is there any fixed amount for maintenance?
No. The court considers the husband’s income, wife’s reasonable needs, and standard of living while deciding the amount.
Q3. Can working women get maintenance?
Yes, if the woman is earning insufficient income or her income is not enough to maintain the same standard of living.
Q4. Is maintenance taxable?
No. Maintenance received by a wife is not taxable under the Income Tax Act.
Q5. Can maintenance be denied?
Yes, if the wife is found to be living in adultery, refuses to live with the husband without valid reason, or has remarried.
Q6. How long does maintenance last?
In Section 125 CrPC, it lasts until remarriage or change in circumstances. Under Section 24 HMA, it is only during litigation. Under DV Act, as directed by the Magistrate.
Conclusion
In conclusion, the Indian legal framework gives women robust protection through multiple provisions when it comes to maintenance. Whether the marriage is intact, under strain, or has ended, women have legal remedies to seek financial support depending on the situation. A proper understanding of these provisions—Section 125 CrPC, Section 24 HMA, and Section 20 DV Act—helps a wife choose the right path to claim maintenance effectively.
For women navigating difficult marital relationships, timely legal advice and choosing the right forum can make a significant difference in ensuring financial security and dignity.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304