INTRODUCTION
The research delves into the evolution of maintenance as a legal remedy for both men and
women, initially designed to address financial needs impartially. However, societal shifts and
other factors have led to maintenance becoming predominantly associated with women.
Nonetheless, recent legal developments, such as the High Court ruling allowing a portion of a
man's salary to be awarded as maintenance, aim to ensure fairness in providing financial
support.
Under Hindu law, maintenance is regarded as the husband's spiritual duty towards his wife,
extending from marriage to divorce. Section 24 of the Hindu Marriage Act primarily aims to
provide financial assistance to wives during legal proceedings, with provisions also allowing
husbands to claim maintenance.
This section emphasizes the expeditious resolution of maintenance applications to promptly
address financial needs. However, if the principal case is dismissed, the court lacks jurisdiction
to provide assistance under Section 24.
Importantly, Section 24 applies to valid marriages only; void marriages preclude wives from
claiming maintenance under this provision. Despite its focus on spouses, maintenance can be
increased to account for children's needs, especially when they are in the wife's custody.
Legal proceedings under Section 24 are deemed interlocutory and distinct from those under
Section 125 of the Criminal Procedure Code, although orders from both may coexist in a
matrimonial dispute, with the higher amount prevailing.
Furthermore, the Punjab and Haryana High Court clarified that a rejected application under
Section 125 of the Criminal Procedure Code does not bar a Section 24 application.
1
, The abstract of the paper highlights the issue of maintenance in divorce cases, shedding light
on how men can also be financially burdened by alimony and maintenance payments. It
discusses the legal obligation of spouses to support each other post-marriage termination and
suggests reforms to ensure fairness and gender equality in maintenance laws.
AIMS AND OBJECTIVES
• To know about alimony and maintaneance under hindu law .
• To know about if equal rights are given to both the genders while dealing with
provisions under maintaneance and alimony
HYPOTHESIS
Disadvantages is meted out to Indian Men as compared to Women in the society in reference
to receiving maintenance in a case like divorce or bigamy etc ,although adequate provisions
are provided for both the parties.
RESEARCH QUESTIONS
• What are the provisions for alimony and maintenance under Hindu Law ?
• Are equal given to both the genders for the maintainaibility?
RESEARCH METHODLOGY
The research methodology adopted for doing this project is doctrinal. The researcher will use
the primary resources and secondary resources as well. The researcher has adopted this mode
of research because establishing a fact on the basis of eminent person’s work is much reliable.
SOURCES OF DATA
2
The research delves into the evolution of maintenance as a legal remedy for both men and
women, initially designed to address financial needs impartially. However, societal shifts and
other factors have led to maintenance becoming predominantly associated with women.
Nonetheless, recent legal developments, such as the High Court ruling allowing a portion of a
man's salary to be awarded as maintenance, aim to ensure fairness in providing financial
support.
Under Hindu law, maintenance is regarded as the husband's spiritual duty towards his wife,
extending from marriage to divorce. Section 24 of the Hindu Marriage Act primarily aims to
provide financial assistance to wives during legal proceedings, with provisions also allowing
husbands to claim maintenance.
This section emphasizes the expeditious resolution of maintenance applications to promptly
address financial needs. However, if the principal case is dismissed, the court lacks jurisdiction
to provide assistance under Section 24.
Importantly, Section 24 applies to valid marriages only; void marriages preclude wives from
claiming maintenance under this provision. Despite its focus on spouses, maintenance can be
increased to account for children's needs, especially when they are in the wife's custody.
Legal proceedings under Section 24 are deemed interlocutory and distinct from those under
Section 125 of the Criminal Procedure Code, although orders from both may coexist in a
matrimonial dispute, with the higher amount prevailing.
Furthermore, the Punjab and Haryana High Court clarified that a rejected application under
Section 125 of the Criminal Procedure Code does not bar a Section 24 application.
1
, The abstract of the paper highlights the issue of maintenance in divorce cases, shedding light
on how men can also be financially burdened by alimony and maintenance payments. It
discusses the legal obligation of spouses to support each other post-marriage termination and
suggests reforms to ensure fairness and gender equality in maintenance laws.
AIMS AND OBJECTIVES
• To know about alimony and maintaneance under hindu law .
• To know about if equal rights are given to both the genders while dealing with
provisions under maintaneance and alimony
HYPOTHESIS
Disadvantages is meted out to Indian Men as compared to Women in the society in reference
to receiving maintenance in a case like divorce or bigamy etc ,although adequate provisions
are provided for both the parties.
RESEARCH QUESTIONS
• What are the provisions for alimony and maintenance under Hindu Law ?
• Are equal given to both the genders for the maintainaibility?
RESEARCH METHODLOGY
The research methodology adopted for doing this project is doctrinal. The researcher will use
the primary resources and secondary resources as well. The researcher has adopted this mode
of research because establishing a fact on the basis of eminent person’s work is much reliable.
SOURCES OF DATA
2
