MAINTENANCE AND ALIMONY RIGHTS OF THE WIFE WHEN THE HUSBAND’S ASSETS ARE IN HIS PARENTS’ NAME

AUTHOR – NIRBHAY AGGARWAL, LL.B. STUDENT AT LLOYD LAW COLLEGE, GREATER NOIDA, UTTAR PRADESH, INDIA.

BEST CITATION – NIRBHAY AGGARWAL, MAINTENANCE AND ALIMONY RIGHTS OF THE WIFE WHEN THE HUSBAND’S ASSETS ARE IN HIS PARENTS’ NAME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 1011-1018, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In India, a wife’s right to maintenance is primarily governed under the Criminal Procedure Code 1908 (CrPC), now being replaced with the Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS), which ensures that after marriage, the person shall provide sufficient means to the wife, children, and parents who are unable to maintain themselves. Though this bare provision is vast, but still focuses on providing a crucial support mechanism to ensure financial support of the wife, especially when she is unable to maintain herself. These laws apply to all types of marriages in India, but if a Hindu marriage is practised, some laws also outline provisions for maintenance, particularly for wives living separately from their husbands under certain conditions. Due to constant interpretation of laws by the Supreme Court as per the changes in society in related subjects of marriage, while their approach in these sensitive matters has always promoted safety and maintenance of rights to women, it has been commendable. Laws and precedents related to the maintenance of children and the wife after divorce have acted as a pillar to support their financial needs to live a normal life even after divorce. There has been a continuous debate in society on the amount being given as maintenance and alimony by a husband to his wife after divorce, highlighting an increasing trend of men transferring assets (especially to parents) to avoid financial liability and the resulting legal complexity, due to which many individuals who are unaware of their rights and exploited and pressurized of settlements that are not at standardised level This paper highlights the recent trend and its implications, while trying to provide an ethical, reasonable solution along with details an individual should look into so that their interest can be safeguarded and the rights of women are prevailed as per the law.

Keywords: Right to Maintenance, Hindu Marriage, Alimony