Why should a Wife Get Maintenance After Divorce?

Divorce is by far a life-altering event, and we often see the aftermath of divorce leave spouses sometimes unsure of their financial security. Amongst the most important issues during divorce, to women is, whether they are entitled to receive maintenance or alimony and to men is, how much they may have to shell out in the name of maintenance or alimony. 

The case of Atul Subhash’s suicide has made us wonder why should a wife get maintenance after the divorce? Moreover in the said case, when the wife is earning well, why should she get alimony/ maintenance on divorce? How could his wife demand such a hefty alimony amount? 

Maintenance after divorce is a legal term that means that the financially dependent spouse (in most of the cases a wife) is entitled to receive financial help from the non-dependent spouse after the dissolution of the marriage. The subject of maintenance is covered by a number of laws and provisions in India, and knowledge of them will make both parties well aware of their rights and obligations. In this blog, we will discuss the aspects of why a wife should get alimony or maintenance after divorce. 

What is Maintenance After Divorce?

Maintenance means the financial support that a spouse may get from the other spouse after the divorce. The payer spouse may be required to provide alimony (a lump sum settlement) or maintenance (periodic payments) or alimony pendente lite (litigation expenses) so that the receiving spouse can maintain a standard of living comparable to that of which the payee spouse was accustomed to living during the marriage. An essential aspect of maintenance is centered on women out of their careers or their education to attend to household affairs.

The aim of maintenance after divorce is to save the financially dependent spouse (usually the wife) from financial deprivation. It is granted to the wife only if she can prove she does not have access to any means of support. There are few cases where a husband also has got maintenance from his ex-wife. 

Laws Governing Maintenance in India

Matrimonial and also some other Indian laws provide for maintenance after divorce, with the most significant ones being:

• Hindu Marriage Act, 1955 (Section 24 and Section 25): Both spouses are entitled to maintenance during and after the divorce so far as the Hindu Marriage Act is concerned. Section 24, on the one hand, relates to maintenance to the wife during the pendency of proceedings for the divorce and Section 25 is all about permanent maintenance to the wife after the divorce. If she is financially unable to provide for herself, the wife can seek maintenance in both cases.

• Special Marriage Act, 1954 (Section 36): The provisions under this Act are applicable to the couples that have got married under the Act. 

• Divorce Act, 1869 (Section 36): This act is for Christian couples. Under the Divorce Act 1869, Section 36, the wife is entitled to maintenance after divorce if the wife cannot maintain herself.

• Muslim Women (Protection of Rights on Divorce) Act, 1986: The act allows Muslim women to claim maintenance from their husbands once they are divorced. During the Iddat period, the husband is under obligation to support for a certain number of months (generally three) or until divorce, after which the wife may, if so provided in the marriage contract, additionally claim a lump sum (mahr or dower).

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This law, however, pertains to the obligation of parents to maintain, and in some cases, a husband is also obliged to meet the wife’s financial obligations, especially when the husband is well off, but the wife cannot maintain herself.

• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 144 OR Criminal Procedure Code (CrPC) Section 125: One of the most often invoked laws by women for seeking maintenance is section 125 of the CrPC, now Section 144 of BNSS. It permits a wife to claim maintenance from her husband even if, following divorce, she is not in a position to maintain herself. All married women, whatever their religion, are covered by this provision, and a legal remedy is provided if the wife is abandoned or neglected.

Why should a Wife Get Maintenance After Divorce?

Maintenance is claimable after divorce by a wife/ a dependent husband in India. But several other things determine whether and how much maintenance will be given to her/him. Maintenance is something the spouse is entitled to take depending on her/his financial circumstances, the other spouse’s income, and other factors, as the courts will consider using an approach specific to the case in hand.

Reasons for granting Alimony/ Maintenance to a Wife (occasionally to a dependent husband):

1. Traditional Concept of Marriage – As per Blackstone, “by marriage, the husband and wife are one in law, that is, the very being or legal existence of the woman is suspended during the marriage or at least is incorporated and consolidated in that of the husband, under whose wings, protection and cover she performs everything.” Traditionally marriage was forever, the theory of unity of personality was followed, hence women did not have any assets/ wealth in their names and did not work outside their homes. But when divorce became inevitable, women had to be given something to their sustenance post separation. 

2. To prevent vagrancy – without any means there are chances that women (in some cases men) would end up being homeless along with their children. To prevent this, while granting the divorce, financial status of both the parties are taken into account to make sure the spouses can continue to maintain themselves with the financial help of the other. 

3. To provide the same living conditions – the object of alimony/ maintenance is not to lower the standard of living of one spouse just because of the separation. 

4. No independent income – The matrimonial laws Hindu Marriage Act (Sec 24), the Parsi Marriage and Divorce Act (sec 39) and the Special Marriage Act (sec 36) put emphasis on ‘the absence of independent income of the concerned spouse sufficient for support’ to grant expenses of proceedings (alimony pendente lite). However the same laws continue to state ‘may order payment’ where it leaves the payment to the discretion of the court. 

5. Not to deprive maintenance for Children – Generally children are left with their mothers or occasionally with fathers after the divorce. Upbringing of children with the same lifestyle and essential necessities of living, the responsibilities are shared by the courts. 

6. Compensation for all the expenses/ losses suffered – The component of expenses suffered by one of the spouses solely for the marriage, as contribution to the immovable property in the name of the other spouse, or any other significant financial loss to be compensated by the other spouse. 

The loss suffered by one of the spouses due to inability to pursue a career while taking care of household chores/ children/ aged in laws, etc. Or discontinuing the education/ moving to a different place to live/ deterioration of health, etc. 

Has any husband ever granted alimony or maintenance?

The provisions in the matrimonial laws except for specific laws for muslim women, are not gender specific meaning both the spouses can claim maintenance. However there are fewer cases where the husbands are granted financial support from the wife. In the case of Rani Sethi v Sunil Sethi the Delhi High Court upheld the maintenance granted by the Additional District Judge, Delhi to be paid to the husband by the wife. 

Key Factors Considered for Granting Maintenance/ alimony

1. Unable to Support Oneself Financially Post Separation

Not being able to support oneself financially is one of the main grounds on which a woman/man can demand maintenance from their spouse. The court here considers income of both the spouses, their assets as well as liabilities, education, job or employability into account while deciding the alimony or maintenance. In the case where the wife does not have an education, is not in good health, or doesn’t have any opportunity for employment, her husband will have the duty to take care of her financially.

2. Poor Physical or Mental Health

Further, one can claim maintenance on this ground if she/ he is suffering from a physical or mental health condition that makes her/him unable to earn a livelihood. Where such is the case, the medical evidence must show that the spouse claiming maintenance cannot support herself.

3. Unemployed Or Unable to Find a Suitable Employment.

Additionally, although a wife’s financial independence is a factor, the court will consider her ability to work, and the availability of work. If she is unemployed and capable of working, the court will look to see if there is employment suitable to her qualifications, skills, and the job market. The same is considered when a husband claims maintenance. 

4. Standard of Living during the Period of Marriage

The amount of maintenance is also largely based on the standard of living enjoyed by the spouse during the marriage. The court aims to preserve the standard of living of a spouse who lived a comfortable life during the marriage. This means holding down the same kind of job and repeating such habits as housing, food, medical care, and the education of children (if any).

5. Custody of Children

The spouse having custody of children after divorce, this can be a ground for claiming maintenance for her/ him. The court also considers the additional financial responsibility on the part of the spouse for bringing up children and their education, medical expenses, and, more generally, upbringing. 

6. Spouse’s Financial Capacity

Financial responsiveness on the part of the spouse to provide maintenance is an important consideration. In making the decision, the court considers the spouse’s income, assets, lifestyle, and financial status. For instance, where the husband is well-to-do and does not provide maintenance, the court may give more to the wife to prevent her from being left destitute.

7. Conduct or Fault of the Spouse

If the spouse (husband) has been proven to have been guilty of cruelty, desertion, or adultery, the other spouse being a wife may claim maintenance. The court can award maintenance as a kind of compensation for the wife’s suffering on the ground that the husband has been at fault for the breakdown of the marriage. In addition, the court can also enquire about the husband abandoning the wife or inflicting physical or mental abuse on the wife. Similarly if it is the wife who has been guilty of these matrimonial offences she may be denied maintenance. When a husband is claiming the maintenance on these grounds, the same approach is taken by the court. 

8. Long Duration of Marriage

Also, whether a wife is entitled to maintenance/ quantum of maintenance depends on how long the marriage lasted. If a couple has been in a long marriage, or if the wife has been a homemaker or has sacrificed her career to support the family, the court is also likely to grant maintenance post-divorce. The greater the amount of financial interdependence within the marriage, the longer the duration of the marriage and the higher the likelihood that the wife will be unable to reestablish her financial independence following a divorce.

Types of Maintenance/ Alimony

1. Interim Maintenance or alimony pendente lite

When the divorce case is pending in the court of law, the spouse seeking/ in need of financial support can make an application pleading for interim maintenance until the case concludes. The object of this provision is to grant that financial support to the spouse to avoid sudden deterioration of the financial position of the spouse in need of support. 

The spouse can ask for interim maintenance under section 24 of The Hindu Marriage Act, where the spouse is totally relying on the other for basic necessities. The court will decide on the interim maintenance depending on the facts and arguments given on the financial position of both the spouses.

2. Periodic Maintenance (post divorce)

When the divorce is granted by the court either mutual or contested, there may be an order to pay maintenance on a monthly/ quarterly/ annually by one spouse to the other. These orders are passed after perusal of all the facts presented before the court. The courts consider the guidelines given by the Supreme Court in Rajnesh v Neha AIR 2021 SUPREME COURT 569. 

The periodic payment of maintenance granted to the wife continues until she remarries.

3. Permanent Maintenance (Alimony)

Apart from periodic maintenance, there may also be a one time settlement of a lump sum amount given by one spouse to the other. This can be in terms of money or assets. The transfer of property from one spouse to the other or relinquishing the share of rights from one to another or handing over the movable property are different ways in which alimony is paid to the spouse. The guidelines from Rajnesh v Neha are followed here to consider the assets and liabilities of both the spouses. 

4. Periodic Maintenance (without divorce)

Even if there is no divorce petition made before the court, in case of an able husband not providing for his wife or children without any genuine reason, the wife or children can claim maintenance. The court considers assets and liabilities of both the spouses before ordering any amount as maintenance.   

How Much Maintenance Can a Spouse Get After Divorce?

Factors that establish the amount of maintenance given to a spouse are the other spouse’s income, the needs, the standard of living, and the duration of the marriage. Courts do not follow a fixed formula, but they take into account the following:

• Qualification and employment of the spouses.
• Financial condition of both the parties.
• Marital length and the spouses’ role in shaping the family.
• Whether there are any medical needs of both the spouses.

As a rule, the amount of maintenance should reasonably cover the basic needs, e.g., housing, food, healthcare, education, etc. Where the wife has minor children, it may also include upbringing expenditures.

Example: One such case went all the way to the Bombay High Court, where the High Court awarded a wife ₹50,000 per month as maintenance for over 12 years of marriage, despite the husband’s objection to his financial condition. The wife was held to be unable to maintain herself, and the husband had considerable earning capacity.

Can a Spouse Be Denied Maintenance?

Husbands seeking maintenance is not very common and when they do pray for it, it is denied if they are able to employ themselves, able bodied or obviously can maintain themselves. Also, if the husband is of matrimonial faults/ offences such as cruelty, adultery or immoral behaviour there are barely any chances of getting any financial support. 

A wife may be denied maintenance under certain circumstances, such as:

• If the wife is living in adultery or has remarried: So under Section 144 of BNSS previously Section 125 of CrPC, if the wife is found to be living in adultery or is remarried, the woman may be disqualified from receiving maintenance.
• If the wife is capable of maintaining herself: The court can, however, refuse to provide maintenance if the wife has sufficient income or assets to do so.
• If the divorce is based on cruelty or desertion: If the wife has been guilty of cruelty or desertion, the husband may be exempt from the payment of maintenance.

Recent Judgment on payment of Alimony:

In the case of Praveen Kumar Jain and Anju Jain, on December 10, 2024 the Supreme Court while granting alimony to the wife relied on various judgments of the same court and gave 8 points to consider in maintenance/ alimony cases. 

“This Court in the case of Rajnesh v. Neha ((2021) 2 SCC 32 ), provided a comprehensive criterion and a list of factors to be looked into while deciding the question of permanent alimony. This judgment lays down an elaborate and comprehensive framework necessary for deciding the amount of maintenance in all matrimonial proceedings, with specific emphasis on permanent alimony. The same has been reiterated by this Court in Kiran Jyot Maini v. Anish Pramod Patel ((2024) SCC OnLine SC 1724 ). The primary objective of granting permanent alimony is to ensure that the dependent spouse is not left without any support and means after the dissolution of the marriage. It aims at protecting the interests of the dependent spouse and does not provide for penalizing the other spouse in the process. 

The Court in these two judgments laid down the following factors to be looked into: 

i. Status of the parties, social and financial.  

ii. Reasonable needs of the wife and the dependent children. 

iii. Parties’ individual employment statuses. 

iv. Independent income or assets owned by the applicant. 

v. Standard of life enjoyed by the wife in the matrimonial home. 

vi. Any employment sacrifices made for the family responsibilities. 

vii. Reasonable litigation costs for a non-working wife. 

viii. Financial capacity of the husband, his income, maintenance obligations, and liabilities. 

These are only guidelines and not a straitjacket rubric. These among such other similar factors become relevant.” 

Conclusion

The question of whether a wife can maintain herself after divorce is not only a legal question but also a question of financial justice. Therefore, a wife can claim maintenance under Indian law if she proves that she cannot support herself. Even when a wife has an independent income, the alimony/ maintenance is ordered to compensate her for all the tangible/ intangible expenses/ losses she endured during the tenure of the marriage.

Maintenance should be neither predetermined nor fixed. The court is bound to ensure that the wife’s basic needs are met and that she is not forced to suffer financially as a result of the divorce. Both husband and wife need to know their rights and obligations so as to avoid unfair and unjust results.