Gender-Specific Maintenance Provisions
Overview
Several Indian statutes permit wives to seek maintenance from husbands.
These include:
- Section 144, Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Hindu Marriage Act, 1955
- Hindu Adoptions and Maintenance Act, 1956
- Special Marriage Act, 1954
Gender-Specific Nature
Historically, maintenance provisions were designed to protect financially dependent wives.
In practice:
- Husbands are more frequently ordered to pay maintenance.
- Courts evaluate income, earning capacity, and financial circumstances.
Criticism
- Men bear a disproportionate financial burden.
- Interim maintenance can be awarded before a full trial.
- Litigation may continue for years while payments are ongoing.
- High-earning spouses are not always treated consistently.
References
- BNSS Section 144
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954