Can one partner still demand maintenance after the divorce is granted, Sir?
Yes, under Indian law, a spouse—most commonly the wife—can claim maintenance even after divorce, provided they are unable to maintain themselves and do not have adequate means of income. This is a recognized right under both personal laws and statutory provisions such as the Criminal Procedure Code (CrPC), Section 125.
Section 125 CrPC is a secular provision that allows a divorced wife, who cannot maintain herself, to claim maintenance from her former husband. The Supreme Court has clarified that a "wife" includes a woman who was previously married and later divorced, provided she has not remarried. The court will assess the husband’s income and the wife’s needs to determine a fair maintenance amount.
Additionally, under the Hindu Adoptions and Maintenance Act, 1956, and Hindu Marriage Act, 1955, a Hindu woman is entitled to permanent alimony and maintenance post-divorce. The court may grant this either as a monthly sum or a one-time lump sum. Similar provisions exist under the Special Marriage Act, 1954, for inter-religious marriages and under the Indian Divorce Act, 1869, for Christians.
The maintenance amount is calculated considering:
- The needs and lifestyle of the claimant during marriage.
- The income and property of both parties.
- The age, health, and employment potential of the claimant.
- The duration of the marriage.
It is important to note that the remarriage of the woman usually terminates her right to maintenance. Similarly, if the wife is earning sufficiently or living in adultery, the court may deny or reduce maintenance.
A husband can also claim maintenance from the wife under the Hindu Marriage Act or Special Marriage Act, if he is unable to earn and the wife has sufficient means, although such cases are rare.
In conclusion, post-divorce maintenance is a legally enforceable right in India, aimed at ensuring that a dependent spouse, typically the wife, does not suffer economic hardship. Courts are empowered to fix, increase, or cancel maintenance based on changing circumstances.