How to avoid arrest in Maintenance Cases

INTRODUCTION 

In India, if we identify the maintenance within the purview of legal aspect, it helps to sustain the providence, one of the type of way to ensure the financial supports also provides food, clothing, shelter, medical expenses etc, in respect of the family members, more specifically for the dependent, wive, child or parents, in some cases the right of maintenance also available for husbands who are incapable of sustain themselves. This situation mainly occurred during the cases such as, abandonment, divorce or separation etc. The concept of this can be explored within Family Laws also general Laws like Indian Constitution also in criminal Laws etc. But every providence has their other side like how to ensure it or how it can be declined to protect the aggrieved party and prevent the unlawful enrichments.

BACKGROUND

The root of the maintenance in India had been introduced back in history. In classical Hindu law the maintenance is the compulsory duty to be maintained by a Hindu for them who are dependable upon him also including the women member of the joint family. Under this concept the main role had been performed by the Karta or also known as the head of the family who is responsible for ensuring this, or if he was not able to ensured that the aggrieved party could take the legal help. In Muslim Law, the Quran which is the primary source under this law also provide for the maintenance also known as "Nafaqah" which means, "an amount spent by a person over his family", Also there are many Laws deals with this.

PROVISION

The term maintenance has been defined under section 3(b) of Hindu Adoption and Maintenance Act, 1956 which less down providence for food, clothing shelter, education and medical expenses, also section 18 provides for the maintenance of the wife, where also there is section 19 of above mentioned Act provides maintenance of Hindu widowed daughter-in-law from father-in-law (unless it can be covered through estate of husband or her father or mother or her son or daughter, or his or her estate). Section 20 of the said Act provides maintenance of children (unmarried daughter and minor son) and aged parents and section 21 of this Act defines dependent who will receive maintenance from heirs under section 22 of the said Act. Also, the provisions such as, section 24 of the Hindu Marriage Act, 1955 provides maintenance pendente lite and expenses of proceeding. The section 25 of Hindu Marriage Act, 1955 less down that either spouse is entitled to receive his or her maintenance from another spouse gross amount or monthly amount. Maintenance can be provided under the time not exceeding the lifetime of the applicant or until the applicant remarries. Other Acts such as, section 37 of The Special Marriage Act, 1954 provides maintenance, also permanent alimony. There are also other laws such as, Muslim law where husband have to provide maintenance to wife who is under valid marriage unless the wife disobeys the husband (if it is not valid), if the disobedience emerge because of the fault of the husband( such as apply cruelty against her or taking concubine etc.) then she can proceed for the maintenance, also maintenance have to be provided to the children( physically impaired legitimate or illegitimate children even after achieving majority also minor legitimate or illegitimate children), and maintenance for the aged parents etc. The section 125 of the Code of Criminal Procedure, 1973 also less down the probable remedy to acquire maintenance (under Bharatiya Nagarik Suraksha Sanhita, 2023 now this is section 144).

Also, by ensuring that the payment is not delayed, by appeal and any other remedy, engagement of the expert legal representatives for best outcome, is the option that can be used for protection from arrest in respect of any allegations against the defendant.

Case Law

There are many landmark cases which has established milestones regarding maintenance, some of them are Mohammad Ahmed Khan v. Shah Bano Begum (1985), which less down that a Muslim woman can proceed under section 125 of CrPC, (1973) for maintenance until she remarries. Also, there is the case Shantha v. B.G. Shivananjappa (2005), the court emphasized that the reason behind the incarceration is to make the maintenance compulsory, but not in the sense of punishment. Pallavi Sikri vs Amit Sikri (2013), in this case the court had not permitted the maintenance to the wife for herself and her son because she was working before her marriage and not unable to provide financially.

Conclusion

Through the above brief, the basic idea about the maintenance and the purpose of imposing this has been addressed and has been clarified why it has been come into force just to create the sustainable situation for aggrieved family. Many Honorable courts also has interpreted this under best way possible (which we have discussed through case laws previously). The both side where the maintenance can be given and where it can get denied and arrest regarding this has been ensured through this blog, which is important to know for addressing correct option for to maintain just and equitable society, also protects the aggrieved (when the defendant is the aggrieved party), so there will be no unjust enrichment.