Q: What is the perspective of Supreme Court for maintenance of husband and wife?

Ans: The approach of maintenance may be traced back to a civilised society’s social justice system.  In Badshah v. Urmila Badshah Godse and Anr. (2013), the Supreme Court of India explained the justification for granting maintenance by stating that “maintenance is provided with the goal of strengthening the poor as well as to achieve social justice, or individual equality and dignity. It encapsulates societal ideals.” The right to demand maintenance is statutory in India, and it cannot be taken away by an agreement to the contrary. Maintenance might be granted throughout the course of the proceedings (maintenance pendente lite) or after the completion of the proceedings (maintenance final), that is permanent maintenance. The right to claim maintenance is available to wives, children, and parents. Even husbands (who are unable to support themselves) are entitled to maintenance under specific personal laws.

Comment: Thus, Supreme Court has clearly mentioned in the above case law that the provision of maintenance is to strengthen the poor section of the society and not to make any one dependent and to harass anyone. The parents who are old and can not earn can claim maintenance from their grown-up and adult child.  The child who is not grown-up can demand maintenance from his or her parents. 

The wife who is not educated and not able to earn can demand maintenance from her husband . The provision of maintenance in law is not to make anyone cripple but to protect the weaker section of society. 

The Supreme Court has clearly mentioned in above case law that the provision of maintenance is to achieve social justice, or individual equality and dignity.

If it provides undue benefit to anyone and makes someone cripple, it can not provide social justice , or individual equality and dignity .

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