Exploring Maintenance Rights:
In the view of Indian law, there are provisions supporting unmarried women to seek maintenance such as;
Section 20 of Hindu Adoption and Maintenance Act, 1956 allows unmarried daughters to claim maintenance from their fathers if they are unable to maintain themselves.
Concurrently, Section 20 of The Protection of Women from Domestic Violence Act,2005 allows unmarried women to claim maintenance who face domestic violence
Evolving notions of “wife”
The word “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried according to Section 125 of Code of Criminal Procedure,1973.
Similarly, the Chanmuniya v. Virendra Kumar Singh Kushwaha and another (2011) 1 SCC, 141 2011 expanded the definition of ‘wife’ under section 125 of Crpc to include women in live-in relationships.
But as things are not simple in the legal world, in D.Velusamy vs D.Patchaiammal (2010) 10 SCC 469, the court created a checklist for a woman in a live-in relationship to claim maintenance highlighting acknowledgement within society:-
(a)The couple must publicly represent themselves as being like spouses in society.
(b)They need to be of the legal age required for marriage.
(c)They must fulfil the prerequisites for a legal marriage, including being unmarried.
(d)They should have lived together by choice and represented themselves to the world as a couple similar to spouses for a significant period.
The sentence provided in Section 125 as “unable to maintain herself” is not about waiting for someone to hit rock bottom. If the husband is providing some money to his wife but it’s not enough to cover her essential needs, it undoubtedly falls under the category of refusing to support the wife or neglecting.
As per a Supreme Court ruling, when maintenance is paid monthly, its typically set at 25% of the husband’s total monthly salary
If the wife earns well, her income is considered along with the husband’s and the court decides maintenance based on those earnings, taking in relevant factors
These may vary from case to case.
Conclusion
Through these above judgements we can see that the courts have been on a quest to define and redefine the term “wife” to corroborate fairness for everyone involved, especially for unmarried women to request financial support or sustenance.
Done By: V. Madhumitha, 5th year B.A, LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
