Maintenance is financial support to the wife, children and parents if they are unable to maintain themselves, and it is the duty of the person to provide them with basic amenities like food, shelter, clothing and other essential needs, and this financial assistance can be given as a lump sum payment or in monthly installments.
The amount given
by the husband to the wife who is unable to maintain herself during marriage or
after divorce is called maintenance, and it includes basic needs like food,
clothing, shelter and essential needs to lead a normal life and ensure
financial sustenance and well-being.
Under Indian law, the
husband is under a legal obligation to provide maintenance to his wife and
dependent children, and the wife has the right to claim maintenance for herself
and her children from her husband during the marriage and even after divorce.
According to Section 125
(1) (a) of the Code of Criminal Procedure (CrPC), a wife is entitled to
maintenance if she is unable to maintain herself, and her husband has refused to
maintain her, despite having adequate means.
She can claim for maintenance after filing a maintenance
petition before the Family Court under this section even during the existence
of the marriage after stating that she is unable to maintain herself
financially.
Further, if husband of sufficient means neglects or refuses to maintain his wife or any legitimate of illegitimate child incapable of maintaining himself , then a Magistrate of first class or family Court shall , on finding evidence of such neglect or refusal , can directs the husband to pay monthly allowance to the his wife or such child.
Now we will understand this question after reading some Judgments passed by the Court:-
The Kerala High Court in the matter of T.C.Chacko Versus Annamma & Others held that , The Criminal law of the country and the personal laws of Indians of other communities make it plainly clear that the husband has got a liability to maintain the wife in certain circumstance. We are of opinion that if there are circumstances which compel the wife to live separately, then the husband is liable to pay maintenance to his wife.
It is clear from this decision that , even if the wife is living separately without obtaining divorce , then also she is entitled to claim maintenance from her husband , if she is unable to maintain herself and has not source of income.
Similarly, the Bombay High Court on 04.01.2024, in the matter of Rajkumar Amruthrao Guddadigi Versus Shilaja Rajkumar Guddadigi held that , A woman can be entitled to maintenance even if she lives in her matrimonial house.
The mere fact that the wife is living in the matrimonial home is not an excuse for depriving her of a reasonable amount of maintenance. She still needs some amount for food, medicine, clothes and educational expenses.
Conclusion:
After perusal of the above mentioned laws and Judgements , it is clear that , A wife is entitled to get maintenance for herself and children even if she is living under the same roof with her husband in her matrimonial home , if she has no source of maintain.
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