In Indian law, a Maintenance Petition is a legal recourse available to individuals seeking financial support from their spouse or family members. It is primarily governed by the provisions of the Code of Criminal Procedure (CrPC) and the various personal laws applicable in the country, such as the Hindu Marriage Act, the Muslim Personal Law, and the Indian Divorce Act, among others. As per the law, a Maintenance Petition can be filed by a person who is unable to sustain themselves financially and requires monetary assistance for their day-to-day living expenses. Usually, it is filed by the wives seeking maintenance from their husbands post-divorce or undergoing divorce proceedings, but it can also be initiated by children or dependent family members who are unable to support themselves. It acts as a safety net and the purpose is to ensure that individuals who are unable to meet their basic needs receive adequate financial support from their spouse or family members who have the means to provide such assistance. The court assesses the financial position and obligations of the party from whom maintenance is sought, as well as the needs and expenses of the person filing the petition. Based on these factors, the court determines the amount of maintenance to be awarded to the petitioner.
What is Maintenance Petition?
In Indian law, a Maintenance Petition is a legal recourse
available to individuals seeking financial support from their spouse or family
members. It is primarily governed by the provisions of the Code of Criminal
Procedure (CrPC) and the various personal laws applicable in the country, such
as the Hindu Marriage Act, the Muslim Personal Law, and the Indian Divorce Act,
among others.
As per the law, a Maintenance Petition can be filed by a person
who is unable to sustain themselves financially and requires monetary
assistance for their day-to-day living expenses. Usually, it is filed by the
wives seeking maintenance from their husbands post-divorce or undergoing
divorce proceedings, but it can also be initiated by children or dependent
family members who are unable to support themselves. It acts as a safety net
and the purpose is to ensure that individuals who are unable to meet their
basic needs receive adequate financial support from their spouse or family
members who have the means to provide such assistance. The court assesses the
financial position and obligations of the party from whom maintenance is
sought, as well as the needs and expenses of the person filing the petition.
Based on these factors, the court determines the amount of maintenance to be awarded
to the petitioner.
Grounds to Seek Maintenance Petition
The grounds to seek a maintenance petition in India may vary based
on the personal laws applicable to different religious communities. However,
there exist some common grounds recognized across personal laws which include:
- Desertion:
When one spouse wilfully abandons the other without any reasonable cause
or consent, the deserted spouse can claim maintenance from the spouse who
has deserted him or her.
- Adultery:
If a spouse engages in an extramarital relationship, the other spouse may
seek maintenance on the grounds of adultery.
- Cruelty:
Physical or mental cruelty inflicted by one spouse upon the other may be a
valid ground for seeking maintenance.
- Conversion:
In cases where one spouse converts to another religion, the other spouse
may seek maintenance.
- Dissolution
of Marriage: It is the most common ground for maintenance. During divorce
proceedings, either spouse may seek maintenance based on their financial
needs and the other spouse's ability to provide support.
- Unemployment
or Inability to Work: If a spouse is unemployed, disabled, or unable to
support themselves financially, they can seek maintenance from the earning
spouse.
- Dependent
Children: Parents can seek maintenance on behalf of their dependent
children, ensuring they receive adequate financial support for their
upbringing and education.
Who can seek Maintenance?
In accordance with Section 125 of the Code of Criminal Procedure
(CrPC), an application for maintenance can be made by any of the following
parties who are unable to support themselves:
- The
Wife: A wife can claim maintenance from her husband as per Section 125 of
CrPc on the grounds stated above. However, under miscellaneous
circumstances, a claim for maintenance may be defeated as per Section
125(4) if: a) the wife is engaged in an adulterous course of life; b) the
wife unjustifiably refuses to live with her husband c) the husband and
wife are living separately by mutual consent (to be evaluated based on the
facts and circumstances).
- Minors:
This category includes the following individuals: a) Unmarried legitimate
children. b) Married legitimate children. c) Unmarried illegitimate
children. d) Married illegitimate children. e) Children who have reached
the age of majority but are unable to maintain themselves due to physical
abnormality, mental abnormality, or injury.
The provisions of maintenance also apply to the
following individuals:
a) Legitimate or illegitimate married sons
b) Legitimate or illegitimate unmarried
daughters.
It is important to note that if a married
daughter is unable to support herself, the primary responsibility for her
maintenance lies with her husband.
3. Parents: The obligation
to provide maintenance applies to both the father and mother of an individual
who is unable to maintain themselves.
These provisions are provided under Section 125 of the CrPC and
should be interpreted and applied in accordance with the relevant laws and
regulations.
How to Draft a Maintenance Petition
It is pertinent to note that drafting a maintenance petition
involves careful consideration of the specific details and circumstances of the
case. Following is a step-by-step guide to help you in drafting a maintenance
petition:
- Heading:
Start with putting the appropriate court's name, case number, and parties
involved in the case (petitioner and respondent) carefully in the
petition.
- Introduction:
Provide a brief introduction to the petitioner, mentioning their name,
age, occupation, and residential address. Similarly, introduce the
respondent, mentioning their name, relationship to the petitioner, and
their current address, if known.
- Jurisdiction:
Jurisdiction is the most important ingredient of a maintenance petition,
so state the jurisdiction of the court where the petition is being filed,
citing the relevant provisions of the law.
- Facts
and Circumstances: Further, present a clear and concise narration of the
relevant facts and circumstances that necessitate the claim for
maintenance. This includes details such as the marriage date, duration of
the marriage, any children from the marriage, current living arrangements,
and the financial situation of both the petitioner and the respondent.
- Grounds
for Maintenance: Specify the grounds on which the petitioner is seeking
maintenance, such as inability to maintain oneself due to lack of income
or being dependent on the respondent for financial support.
- Legal
Provisions: Now comes the important part, make sure to cite the relevant
legal provisions supporting the claim for maintenance, such as Section 125
of the Code of Criminal Procedure or any other applicable laws, along with
any supporting case laws or precedents.
- Relief
Sought: Clearly state the relief or remedies sought by the petitioner,
which typically includes the amount of maintenance sought, duration of
maintenance, and any additional expenses or benefits requested.
- Supporting
Documents: Attach necessary supporting documents, such as marriage
certificates, birth certificates of children, income proof, bank
statements, medical reports (if applicable), and any other relevant
documents that strengthen the petitioner's case.
- Prayer:
Conclude the petition with a prayer to the court, requesting the court to
pass an order for the grant of maintenance as per the petitioner's claim.
- Verification
and Affidavit: Include a verification clause where the petitioner declares
that the facts stated in the petition are true to the best of their
knowledge and belief. Additionally, an affidavit confirming the
authenticity of the contents of the petition should be attached.
- Annexures:
List all the annexures or attachments included with the petition,
providing a brief description of each document.
- Signature and Date: The petition should be signed by the petitioner or their advocate, along with mentioning the date of filing.
Recent Guidelines of the Supreme Court
For Wife - The Supreme Court, in
the case of Dwarika Prasad Satpathy v. Bidyut Prava Dixit, held that the
validity of a marriage can be established based on the evidence presented by
the parties. The Court emphasized that the presumption in favor of marriage
exists regardless of whether the marriage rites were fully conducted according
to Hindu customs. Additionally, in situations where the spouses have cohabited
for a significant duration but one of them denies the marital status, a
rebuttable presumption can be made. This means that the denial can be
challenged by producing evidence to prove the existence of a valid marriage.
In the case of Rajnesh v. Neha, the court recognized that
it may be unfair to require the husband to pay maintenance in multiple
proceedings. However, it is an established principle that a wife is entitled to
seek maintenance under different statutes. Nevertheless, the wife must disclose
any maintenance previously awarded to her in a subsequent proceeding filed
under a different enactment, as per her legal obligation.
For Children - In the case of Nanak
Chand v. Chandra Kishore Aggarwal, the Court expressed the view that dependent
adult children who are unable to support themselves due to physical deformity
or other disabilities have the right to seek maintenance. It is highly
improbable for a 77-year-old son to claim maintenance from his 98-year-old
father. While such exceptional situations are rare, they can be addressed and
remedied within the scope of the applicable law.
Sample Petition Format
BEFORE THE HON’BLE JUDGE FAMILY COURT NO. ….,
PUNE
AT PUNE
P.A.
NO. /2019
MRS. [•]
Age [•], Occupation: [•]
Presently residing at [•]
Mobile No: [•]
Email Id-[•] PETITIONER
AND
MR. [•]
Age [•], Occu.: [•] RESPONDENT
Presently residing at
[•]
Mobile No: [•]
E-mail Id: [•]
PETITION FILED UNDER SECTION 125 of the CrPc
THE PETITIONER
ABOVENAMED MOST RESPECTFULLY SHOWETH
List of Events Followed
- The Petitioner and the Respondent are [•]
- Case Details [•]
- The Petitioner, being a lady litigant, is exempted from
the payment of any court fees.
- There is no other pending litigations between the
parties in any other court of law.
PRAYER
5.
The Petitioner,
therefore, most humbly prays:
a.
[•]
b.
For any just and
reasonable orders to meet the ends of justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONER ABOVE NAMED AS IN DUTY
BOUND, SHALL EVER PRAY
Pune
Dated:
PETITIONER
[•]
Advocate for the Petitioner
VERIFICATION
I, [•], Age about [•];
Occupation: [•], the Petitioner above named, do hereby state on solemn
affirmation that the contents of the above petition are true and correct to the
best of my knowledge, information and belief. Solemnly affirmed on this ....
day of October, [•], at Pune.
PETITIONER
AFFIDAVIT
I, Mrs. X, aged (..)
years, Occupation (…) and Resident of (….), the Petitioner do solemnly affirm
and declare as under:
- That I am the Petitioner in the
accompanying Petition under Section 125 of CrPC and well acquainted with
the facts of the case which have been drafted on my instruction
2. That the same is true to
the best of knowledge and beliefs.
3. That the Petitioner has
not remarried and has not been guilty of any conduct disentitling her to
receive maintenance from the Respondent and no relevant or material fact has
been concealed or kept back.
4. That the Petitioner does
not own any movable or immovable property and has also no source of income.
Signed at (place) on
(date)
DEPONENT
