Divorce and Maintenance: Legal Provisions, Rights, and Procedures

Divorce Maintenance Laws and Eligibility Criteria

Divorce maintenance act is one of the important legal provisions made for economic viability for a dependent spouse upon separation. Laws and their eligibility criteria, at present, differ based on personal laws applicable to the parties. The salient features of major laws and the eligibility criteria applicable to them are given below:

• Summary suit:

  Summary suits are fast track civil adjudication governed by Order 37 of the Code Civil Procedure (CPC) .They pertain to claims arising either from a written contract or from a negotiable instrument where the defendant has limited defenses so that a quick decision is made without the necessity for a full trial.

• Hindu Marriage Act:

  This law under Hindu laws makes provision for the wife to claim maintenance after divorce. The court decides the amount of maintenance considering both parties' financial status and how long they were married. Both husband and wife can seek maintenance under Hindu law but the monetary help is often ordered to be paid to the wife as mostly her financial needs are given importance by courts.

• Muslim Law:

  A Muslim woman can demand maintenance for a definite period after divorce under the Muslim Women (Protection of Rights on Divorce) Act, 1986, which generally includes the iddat period. For further financial support, she can approach the court. As per Muslim law, maintenance granted to a divorced wife may, if necessary, also be charged to the relatives or the Waqf board beyond the iddat period.

• Indian Divorce Act:

  This applies to Christians and Parsis, too. If the wife can prove that she is economically dependent upon her husband, she can claim maintenance from her husband. Even Christian and Parsi women may seek maintenance upon divorce under their respective personal laws, thus post-divorce economic security.

• Special Marriage Act:

  Applicable to marriages between individuals of different religions or those married under civil law, this act provides for maintenance by considering the financial condition of both parties to ensure a fair and just outcome.

If you are seeking clarity on your right to claim divorce maintenance or wish to navigate the complexities of these laws, our legal experts at Litem Legalis can guide you through the process and help you secure the financial support you deserve.

Key Factors in Determining Maintenance Amount

Several factors influence the court's decision when determining the amount of Divorce Maintenance:

• 1.  Duration of Marriage: While it has been established that longer marriage durations relate to higher levels of spousal maintenance, the correlation is relatively moderate. The duration of time the couple spent together is also considered by the Courts when making the financial support.


• 2.  Income Consideration: In certain cases, the court evaluates the gross income and financial resources of both parties before determining the maintenance amount. This means that conventional financial needs are usually met by the paying spouse’s higher earnings means higher amounts of maintenance.


• 3.  Lifestyle and Needs Assessment: Courts also consider the standard of living that the spouses adopted during marriage. The purpose is to make sure that the receiving spouse will be financially secure or at least have the same quality of life as before the divorce.


• 4.  Child Support Factors: Regarding the children’s expenses, all needs associated with their care, including education, healthcare, and overall upbringing, are taken into account in calculating the total amount of maintenance. For these responsibilities, the parent who has the child most of the time may get some extra assistance.

Process of Filing for Divorce Maintenance

If you are eligible for divorce maintenance, the steps by step procedure for claim would be as follows:

• 1.  Where to File:Maintenance claims can be filed wherever there is a family court, or it may also go in the civil courts of competent jurisdictions (depends on correlating factors and respective jurisdiction).


• 2.  Required Documents: TFor the filing of divorce maintenance, the following documents are usually necessary:
  • Marriage certificate
  • Proof of income (both parties)
  • Evidence of standard of living during the marriage
  • Child custody documents, if applicable


• 3.  Court Proceedings:Once the petition is filed, the court will schedule hearings in which each party can present their evidence and arguments. The court considers both the financial requirement of the claimant, as well as how much money or income is available to be distributed from one party to another and child maintenance claims. Those evaluations are the basis of the final maintenance order.


• 4.  Limitation Act, 1963: The Limitation Act lays down the statutory period within which an action has to be filed. Money recovery suits generally have a three-year limitation period when the cause of action first arises. Default on filing a suit within the laid period mostly leads to the claim being barred by limitation, and hence it is very crucial to make sure that legal action is taken on time in the right to recover debts

Rights of Working Women in Divorce Maintenance

One frequent question occurs as to whether a working woman is entitled to maintenance, which is in context with divorce. While having the income of a working woman is relevant, that does not provide sufficient ground for refusing to grant maintenance. Here are a few factors that the court considers:

• 1.  Can Working Women Claim Maintenance?:Yes, a working woman can claim maintenance provided her income is inadequate to sustain the kind of lifestyle she was leading before marriage. If a child or children are involved, there is also child maintenance.


• 2.  Factors Affecting Maintenance for Working Women: The court shall evaluate the income of the wife in relation to the financial standing of husband, standard living and also children's needs financially.