Maintenance in India: who is entitled, how to claim, and what courts consider

Maintenance claims in India are governed by different statutes depending on the personal law of the parties and the forum chosen. For Hindus, the Hindu Adoption and Maintenance Act, 1956 provides substantive rights to maintenance for a wife, children, and aged parents. For all communities, Section 125 of the Code of Criminal Procedure, 1973 offers a summary, gender-neutral remedy for wives, children, and parents who are unable to maintain themselves. Married women under any personal law can also claim maintenance under the Protection of Women from Domestic Violence Act, 2005. For parties married under the Special Marriage Act, 1954, maintenance provisions are found in that Act. Christians are governed by the Indian Divorce Act, 1869, and Parsis by the Parsi Marriage and Divorce Act, 1936. Muslim women can claim maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986, in addition to Section 125 CrPC.

The following persons are entitled to claim maintenance under Indian law: - Wife: A married woman who is unable to maintain herself, whether she is living with her husband or separately, can claim maintenance. The right exists during marriage and after divorce.