MAINTENANCE

The provisions of maintenance are provided in several laws. Maintenance laws have been enacted as a measure of social justice to provide recourse to dependant wives and children for their financial support, so as to prevent them from falling into destitution and vagrancy. The legislations which have been framed on the issue of maintenance are the Special Marriage Act 1954 (“SMA”), Section 125 of the Cr.P.C. and the Protection of Women from Domestic Violence Act, 2005 (“D.V. Act”) which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities.

The provisions of maintenance are prescribed under section 125 to 128 of the Criminal procedure code 1973, under the Hindu marriage act 1955, under the Hindu Adoption and Maintenance act 1956, Under the Protection of women from Domestic Violence Act 2005 and the Maintenance and Welfare of Parents and Senior citizens Act 2007. The object of all these provision is to compel a man to perform the moral obligations, which he owes to the society in respect of his wife, children and parents. It has been observed in many cases that estranged wife have filed a case for maintenance u/s 125 Cr.P.C or under Domestic Violence Act only to put pressure on the opposite party so that matter could get settle in the way as she wants as such true and real purpose of the Act became meaningless