SCHEME OF MAINTENANCE UNDER VARIOUS PERSONAL LAWS

Abstract

The right of maintenance, which is a right of subsistence and survival, warrants a wide section women access an elaborate discussion as it across class and social strata; the act of maintenance refers to the obligation of a husband to maintain his wife. This obligation arises out of a right under the personal law. As there are various personal laws which govern the activities of different communities, the idea of maintenance differs under each respective personal law. Since it is a well-established right which is deeply ingrained into the country’s matrimonial statutes, a wide range of issues surface during the legal contests; one of such contested issues is that of live in relationships which has risen over time in the Indian social and legal scenario.  This paper seeks to analyse the scheme of maintenance and the rights that are available to women under the ambit of different personal laws- namely the Hindu, Muslim, Christian and Parsi personal laws. The major point of contention as far as the right of maintenance is concerned is with regard to live in relations as the position of law has often been  vague with regard to the status of women who are in live in relations and do not have the legal status of a wife. This paper will study the way in which the courts have interpreted the idea of ‘the right to maintenance’ and in what cases a woman who is in a live in relation will be considered a wife. The researcher shall be using a methodology which is strictly doctrinal in nature and reliance shall be placed on both primary and secondary data. The paper aims to analyse the socio legal aspect of live in relationships and how it is affecting the courts’ outlook on the issue. The paper will also to ascertain any changes that can be made in the position of law in order to better protect the rights of women with regard to maintenance.