Maintenance is Support Beyond Basic Needs Under Evolving Indian Legal Landscape
- INTRODUCTION
The concept of maintenance in Indian matrimonial jurisprudence has undergone significant transformation. Traditionally, courts viewed maintenance as a mere subsistence allowance—an amount sufficient only to prevent destitution of the spouse unable to maintain herself or himself. Recent judicial pronouncements, however, have recalibrated this understanding, emphasizing that maintenance must extend beyond bare survival to ensure that the dependent spouse continues to live in a manner consistent with the standard of living enjoyed during the marriage. This shift indicates a more equitable and holistic understanding of matrimonial rights, particularly in light of evolving constitutional values of dignity and equality. - DOCTRINAL EVOLUTION OF MAINTENANCE
Maintenance as a legal entitlement is rooted in multiple statutory provisions, including Section. 24 and 25 of the Hindu Marriage Act, 1955, Section 125 of the Code of Criminal Procedure, 1973 (CrPC), and provisions under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Earlier judicial interpretations of these provisions leaned heavily towards a subsistence-based approach, focusing primarily on preventing vagrancy and economic destitution of women post-separation.
Over the last two decades, courts have increasingly rejected the minimalist view, recognizing maintenance as a broader entitlement to economic dignity. The Supreme Court, has recently held that maintenance is not merely about survival but must be commensurate with the standard of living enjoyed in the matrimonial household. In Rajnesh v. Neha the Court laid down detailed guidelines on maintenance, emphasizing that financial support should reflect not only basic needs but also lifestyle continuity. - LIFESTYLE AS AN ELEMENT OF DIGNITY
The judiciary has recognized that compelling a spouse—most often the wife—to live at a lower standard than what she was accustomed to during the marriage effectively strips her of dignity and economic agency. Maintenance, therefore, functions not as charity but as a corollary of the marital partnership, wherein both spouses contributed—either financially or through domestic labor to the household.
This perspective resonates with global jurisprudence. For instance, English family law has long recognized the principle of “reasonable requirements” in awarding spousal support, which includes maintaining a lifestyle comparable to that enjoyed during the marriage. Indian courts, while not explicitly borrowing from comparative jurisdictions, have implicitly aligned with this reasoning. - BALANCING EQUITY AND ABUSE OF PROCESS
While the jurisprudential shift is progressive, it raises concerns regarding potential misuse. Courts are against increased claims of the wife and her wrongful enrichment through maintenance orders. The Delhi High Court clarified that maintenance awards must balance lifestyle continuity with the paying spouse’s capacity, ensuring that obligations are not punitive or disproportionate.
The equitable principle that maintenance should reflect lifestyle does not grant an unfettered right to replicate every luxury of marital life, particularly when such replication would impose undue financial strain. Courts continue to exercise discretion, weighing both the needs of the claimant and the financial capacity of the respondent. - CONCLUSION
By grounding maintenance in principles of dignity, equality, and fairness, courts have sought to correct historical imbalances and recognize the unpaid contributions of spouses within the matrimonial home. At the same time, the challenge remains to craft maintenance awards that are equitable, realistic, and resistant to abuse.
Ultimately, the trajectory of maintenance jurisprudence reflects the larger constitutional shift towards substantive gender justice, ensuring that the end of a marriage does not entail the erosion of dignity for the dependent spouse. - This article has been researched and written by Advocate Aarun Chanda, practicing divorce law in Mumbai and Pune. This article is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer/advocate specializing in divorce cases for professional legal guidance.
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