Allowance Due to a Wife from Her Husband on Separation in India
Allowance Due to a Wife from Her Husband on Separation in India
1. Legal Context
When a married couple separates—whether by judicial separation, divorce proceedings, or even informal separation—the husband is generally liable to provide financial support (allowance) to the wife to maintain her livelihood, especially if she is unable to support herself.
2. Sources of Law Governing Allowance
Hindu Marriage Act, 1955 (for Hindus, Buddhists, Jains, Sikhs)
Section 24: Temporary alimony and maintenance pending proceedings.
Section 25: Permanent alimony and maintenance at the time of decree.
Code of Criminal Procedure, 1973 (Section 125) – Applies to all, regardless of religion
Maintenance of wife, children, and parents.
Allows wife to claim monthly allowance if she cannot maintain herself.
Muslim Personal Law (Muslim Women (Protection of Rights on Divorce) Act, 1986)
Provides for maintenance during Iddat period and reasonable maintenance thereafter.
Other personal laws and Special Marriage Act, 1954 have similar provisions.
3. Types of Allowances/Financial Support
| Type | Description |
|---|---|
| Interim/Temporary Allowance | During pendency of judicial separation or divorce proceedings, courts may order the husband to pay monthly maintenance to the wife to meet daily expenses. |
| Permanent Alimony | On granting divorce or judicial separation, courts may order lump sum or monthly maintenance for the wife’s future livelihood. |
| Maintenance under Section 125 CrPC | If the wife cannot maintain herself, the husband can be directed to pay monthly allowance even without formal divorce/separation proceedings. |
| Maintenance during Iddat (Muslim law) | Husband must provide maintenance to the wife during the ‘Iddat’ period (approx. 3 months) after divorce. Additional maintenance can be claimed under civil courts. |
4. Factors Considered by Courts to Determine Allowance
Income and property of the husband.
Needs and financial status of the wife.
Standard of living during marriage.
Reason for separation (whether wife is at fault or not).
Wife’s capacity to earn or maintain herself.
5. Notable Cases
Githa Hariharan v. Reserve Bank of India (1999): Reinforced that maintenance is a right and cannot be denied arbitrarily.
Dulha Ram v. Kamala Devi (1979): Husband must maintain wife even after separation unless she is at fault.
Mohd. Ahmed Khan v. Shah Bano Begum (1985): Supreme Court held Muslim husband liable for maintenance under Section 125 CrPC, overriding personal law for public interest.
6. Key Points
The wife’s right to maintenance/allowance is a legal right, not a charity.
It can be claimed during separation, divorce, or even under criminal proceedings.
Courts have wide powers to determine the amount, mode (lump sum or monthly), and duration.
Maintenance continues until the wife remarries or becomes capable of self-support.
Do write to us if you need any further assistance.
RELATED Blog
0 comments