Can wife claim husbands property for unpaid maintenance

While hearing an appeal, the Single Judge Bench of Justice Subba Reddy Satti of Andhra Pradesh High Court decided that as no material evidence was presented which proved that the husband neglected to maintain his wife and children, hence the plea to claim charge over husband’s self acquired property for the unpaid maintenance amount was denied. 

Facts: 

The Appellant in this case sought maintenance of rupees 6000 per month from her husband and pleaded to a charge over his properties for her maintenance, as her husband was addicted to drinking and gambling and neglected her and the children. 

The suit was dismissed by the trial court as there was no evidence proving her claim. The wife appealed to Andhra High Court Against the decision of the trial court. The High Court after examining the facts concluded that there was no evidence that the husband failed to provide maintenance for his wife and children. Considering this, the High Court decided that, no maintenance claim could be accepted as the wife failed to provide evidence that the husband did not provide for his wife and children.

In lieu of maintenance, the wife cannot claim charge over the husband’s self acquired property.

When can a wife claim maintenance from her husband?

Maintenance is mostly understood as a financial support that a wife can claim from her husband after divorce. However, the word has a wider meaning as Under Section 3(b) of the Hindu Adoption and Maintenance Act, 1956  maintenance can be claimed by wife, children, parents as well as by husbands also. The Act defines ‘maintenance’ as “provisions for food, clothing, residence, education And medical attendance and treatment”. 

Rights of women to claim maintenance, whether married or divorced:

Under Personal laws: 

Different religions are governed under their own personal laws- 

Interim and permanent Maintenance: UNder the Hindu Marriage Act, 1955, there are two types of maintenance, Interim and Permanent. Under Section 24, maintenance is granted by the court to the spouse during the pendency of the suit proceedings, while the permanent maintenance is provided along with alimony under section 25. Streedhan is not included in the maintenance. The maintenance provided is in accordance with the financial status of the husband, his liabilities and responsibilities, also wife’s income and other similar facts.

If the woman is earning: 

According to the ruling of the Supreme Court, the wife can claim maintenance, even if she is earning and her income is not sufficient for her sustenance. Thus, the belief that a working woman can’t demand maintenance is not true. Also, under the provision of CrPC, 1973 a wife can claim maintenance even if she is not divorced but has separated. Also, as per the ruling of the High Court, a husband can’t deny paying maintenance to his wife because he is jobless or not earning.

Can husbands claim maintenance: 

Section 24 of HMA, 1955 talks about both husband and wife, thus if a husband can’t support himself financially and the wife is earning more than the husband and is well-off monetarily, the husband can also claim maintenance.

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