Right of Maintenance

When a man marries, he assumes responsibility for providing his spouse from his income and other sources in a manner appropriate to his overall earnings.
This duty is still in effect for the length of the marriage, and occasionally even longer, even in cases when the wife earns a respectable living on her own.
Husband and wife used to divide up the job in the past. The husband’s job was to provide for and look after the wife when he was earning a living.
The wife’s responsibility was to live beneath the husband’s roof and be protected. The woman has the unalienable right to maintenance from her husband under Hindu law.
The Hindu Adoptions and Maintenance Act of 1956 codifies her entitlement to maintenance.

When determining the maintenance amount, the court considers a number of criteria, including the husband’s financial situation and obligations. For the spouse, there is no such equivalent right. However, if a marital disagreement is brought before the court, the Hindu Marriage Act, 1955, states that a financially disadvantaged spouse may be entitled to maintenance pendent lite, or support, while the case is pending, as well as permanent alimony, or support, at the time the case is finally resolved. Permanent alimony is not the same as litigation costs. The court will assess what is reasonable when determining the amount of permanent alimony, taking into account the parties’ conduct, the wife’s assets, and the husband’s ability to pay.

Right of Maintenance under Parsi Marriage and Divorce Act, 1936

Both the husband and the wife are entitled to maintenance pendent lite and permanent alimony under the Parsi Marriage and Divorce Act, 1936. The criteria used to determine maintenance eligibility are the same as those used for Hindus.