The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the following Q&A which was published by the Mint Newspaper on 02nd December, 2020 and the online edition of the same can be found here.
Maintenance, as a concept, has its roots in the social justice system of a civilised society. The Supreme Court, explaining the rationale behind providing maintenance in the case of Badshah v. Urmila Badshah Godse and Anr, has held that the “provision of maintenance…aims at empowering the destitute and achieving social justice or equality and dignity of the individual. …The law regulates relationships between people. It reflects the values of society.” In India, the right to claim maintenance is statutorily available under both personal and general laws, and such a right cannot be taken away by way of an agreement to the contrary. Maintenance can be awarded during the course of the proceedings (i.e. maintenance pendente lite) or at the conclusion thereof (i.e. permanent maintenance). The right to claim maintenance is available to wives, children and parents. Under certain personal laws, even husbands (who are unable to maintain themselves) are entitled to claim maintenance. This article discusses the provisions under various personal and general laws that entitle a wife to claim maintenance.
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