Maintenance Law for CLAT: Wife, Children, Parents

📑 On this page

⚡ The short answer

Maintenance is money that a person with sufficient means must pay a dependant family member who cannot support themselves: a wife (including a divorced wife who has not remarried), children and parents. Alongside each religion's personal law runs a quick, religion-neutral magistrate's remedy. In 2024 the Supreme Court confirmed that divorced Muslim women can use it too.

🎬 The 30-second story

Zoya's eight years

“Eight years running this house, and now he says leave.”

🧳

Zoya

Zoya moves out with their daughter.

“You have an MBA. Go earn. Besides, I've filed for divorce.”

🎓

Aarav

Aarav's two trump cards.

“I haven't worked since our daughter was born.”

📝

Zoya

She claims for herself and the child.

“Fine. I'll pay from whenever the judge decides.”

⏳

Aarav

His last trick.

Tara's ruling: An MBA is a capacity, not an income. A divorced wife who hasn't remarried still counts, the child has her own claim, and the money runs from the day Zoya applied.

What is maintenance, and who can claim it?

Maintenance is a duty, not charity. The law looks for a relationship (spouse, parent, child), a need, and someone able to meet it. Each community's personal law sets family duties: a Hindu must support a wife, minor children and aged parents; a Muslim husband supports his wife during the marriage.

On top sits a secular remedy in the criminal procedure code. It punishes no crime: a magistrate orders a monthly allowance so nobody is left destitute, whatever their religion. Most real claims start here.

📌 What CLAT actually expects

The passage gives you the rule: who can claim, what bars a claim, when the duty ends. Test each fact against each condition. Watch the small words: unable, sufficient means, has not remarried, without sufficient reason.

🧮 The formula

What a claimant must show

👨‍👩‍👧

Covered relationship

wife, child or parent

💰

Sufficient means

the payer can pay

🚪

Neglect or refusal

he isn't paying

🆘

Can't support self

her need

📄

Monthly allowance order

🔗 Who owes whom

Who owes whom under the secular remedy

Person with means → Wife: owes support — lost for adultery or refusing to live with him without good reason
Person with means → Child: owes support — legitimate or not
Person with means → Parent: owes support — married daughters included

The duty runs one way. A husband cannot use this remedy against his wife.

What does “unable to maintain herself” really mean?

Not starvation. The Supreme Court has said a wife need not be absolutely destitute. The question is whether she can keep up a life reasonably close to the marital one: neither luxurious nor penurious.

🎚️ The scale

Where does the claimant sit?

← Can't support herselfFully self-sufficient →

No income

Clear claim.

e.g. Homemaker for twelve years, no savings

Earns a little

Still a claim: earning is no automatic bar.

e.g. Part-time tutor; the marital home was far better off

Qualified, not working

Depends on real job prospects and any career given up for the family.

e.g. MBA, out of work for eight years

Earns comparably

Little or nothing.

e.g. Senior engineer earning what her husband earns

The payer's side mirrors this. Sufficient means includes earning capacity: an able-bodied man is presumed able to earn, so “I quit my job” rarely works.

Who is in, and who is left out?

🧩 At a glance

Claimants under the secular remedy

💍Wife

Including a divorced wife, until she remarries.

🧒Minor child

Legitimate or illegitimate, married or not.

🧑‍🦽Adult child

Only if a condition or injury stops them earning; not a married daughter.

👵Parents

From sons and daughters with means.

🧔Husband

No claim here; Hindu matrimonial law is the exception.

💔Woman in a void marriage

Usually not a “wife”, with one big exception.

Can a “second wife” claim?

A man's second marriage while his first wife lives is void, so the second woman isn't legally his wife. In Savitaben (2005) her claim failed, though her child's succeeded. In Badshah (2013) the man had hidden his first marriage, so he couldn't profit from his own fraud: she was treated as his wife.

⚔️ Side by side

Void second marriage: two outcomes

🚫Savitaben (2005)

Claim fails

•First marriage proved subsisting
•Not a legally wedded “wife”
•Her child still maintained

🎭Badshah (2013)

Fraud flips it

•He hid his first wife
•Can't shelter behind his own wrong
•Treated as wife for maintenance

If the facts say he concealed the first marriage, that decides it.

When does a wife lose the right?

🧭 Decision flow

Can the wife get an order?

❓ Is she his wife, or divorced from him and not remarried?

No →

No claim under this remedy.

A void second marriage usually fails here, unless he hid the first.

Yes ↓

❓ Is she unable to keep up a reasonable life on her own?

No →

No order, or a small one.

Yes ↓

❓ Is she living in adultery?

A continuing relationship, not one past lapse.

Yes →

Barred.

No ↓

❓ Does she refuse to live with him?

No →

Order: a monthly allowance.

Yes ↓

❓ Does she have sufficient reason, such as cruelty, or his second wife or mistress?

If so, his offer to take her back doesn't defeat her.

No →

Barred.

Same if they agreed to live apart by mutual consent.

Can a husband or a parent claim?

A husband gets nothing from the secular remedy, which speaks only of “his wife”. Hindu matrimonial law is the exception: during a divorce case either spouse without income can seek interim support and permanent alimony. Parents can claim from sons and daughters; marriage doesn't end a daughter's duty. A childless stepmother can claim from a stepson only if widowed or her husband can't support her.

What about divorced Muslim women?

Under Muslim personal law a husband supports his wife during marriage and during iddat, the waiting period of roughly three months after divorce. The forty-year question: after iddat, can she still use the secular remedy?

🕒 Timeline

From Shah Bano to Samad

📘
1973

One remedy for all

“Wife” now includes a divorced wife who has not remarried.
⚖️
1985

Shah Bano

The remedy covers Muslims; support continues after iddat if she can't maintain herself.
🏛️
1986

Parliament responds

A special Act: “reasonable and fair provision” within iddat; then relatives, then the Wakf Board.
🔍
2001

Danial Latifi

Act upheld: provision made within iddat must cover her future.
🚫
2019

Triple talaq Act

Instant talaq void and an offence; she gets a subsistence allowance.
🤝
2024

Samad

Secular remedy and 1986 Act run side by side.

⚔️ Side by side

Two doors for a divorced Muslim woman

🌙Personal-law route

The 1986 Act

•Fair provision for her future, made within iddat
•Mahr paid, her property returned
•Then relatives, then the Wakf Board

⚖️Secular route

Magistrate's remedy

•Monthly allowance from the ex-husband
•Lasts until she remarries

Test	Personal-law route	Secular route
Usual form	Lump sum	Monthly
Use both?	Yes, since 2024	Yes; amounts already received are counted

No double dipping.

How much, and from when?

1
Both sides disclose
Sworn statements of income, assets and liabilities, made compulsory in Rajnesh v Neha.
2
Weigh the factors
Each side's income and needs, other dependants, the marital lifestyle, a career given up for the family.
3
Adjust earlier orders
Claims under several laws must be disclosed; what is already paid is set off.
4
Back-date
Money runs from the date of the application, so delay doesn't punish the claimant.
5
Enforce
Arrears are recovered like a fine, with up to a month's jail for each breach.

⚠️ Maintenance is not a share of his wealth

The aim is a dignified life close to the marital one, not equal fortunes. In Rinku Baheti (2024) the Supreme Court said a divorced wife can't demand to keep pace with an ex-husband who grows richer after the split.

Which cases shaped the law?

👵

Landmark case · 1985 · Supreme Court (5 judges)

Mohd Ahmed Khan v Shah Bano Begum

📋

What happened

Married in 1932, turned out of the home in 1975, Shah Bano applied for maintenance in 1978. Her husband, a lawyer, then divorced her and said he owed nothing beyond iddat and the ₹3,000 mahr he had deposited.

❓

The question

Does the secular remedy reach a divorced Muslim woman after iddat?

🔨

What the court held

Yes. The remedy applies whatever the religion; personal law doesn't cover a divorcee who can't maintain herself, and mahr isn't a payment “on divorce”.

What CLAT takes from it: Need, not religion, triggers the remedy.

📜

Landmark case · 2001 · Supreme Court (5 judges)

Danial Latifi v Union of India

📋

What happened

The 1986 Act was challenged for cutting divorced Muslim women off from the secular remedy.

❓

The question

Is the Act valid, and does the husband's duty stop at iddat?

🔨

What the court held

Valid, because the husband must make a reasonable and fair provision for her whole future, made within iddat but not limited to it. Then relatives, and finally the Wakf Board, must pay.

What CLAT takes from it: “Within iddat” says when to pay, not how long support lasts.

🤝

Landmark case · 2024 · Supreme Court (2 judges)

Mohd Abdul Samad v State of Telangana

📋

What happened

Divorced by talaq and ordered to pay interim maintenance, a husband argued that a divorced Muslim woman could use only the 1986 Act.

❓

The question

Does the 1986 Act shut out the secular remedy?

🔨

What the court held

No. The Act is in addition to the secular remedy. She may use either or both; amounts under the Act are counted.

What CLAT takes from it: Two laws giving the same right run side by side unless one clearly excludes the other.

📊

Landmark case · 2020 · Supreme Court (2 judges)

Rajnesh v Neha

📋

What happened

A wife's interim claim for herself and her baby took two years, and courts were using different rules on parallel claims and start dates.

❓

The question

How should courts fix and enforce maintenance uniformly?

🔨

What the court held

Disclosure affidavits from both sides; set-off across claims; maintenance from the date of application; a wife's earnings no automatic bar.

What CLAT takes from it: Delay and a small salary don't defeat a genuine claim.

How would CLAT ask it?

🧪 CLAT-style practice (not a past question) Refusal with just ground

If any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate may order a monthly allowance. If the husband offers to maintain her on condition of her living with him and she refuses, the Magistrate may consider her grounds. A husband marrying another woman or keeping a mistress is a just ground for refusal. A wife who refuses to live with her husband without sufficient reason gets no allowance.

Neha, who has no income, left home after her husband Varun began living with another woman. Varun tells the Magistrate he will keep and maintain Neha at home. Decide.

ANeha gets no allowance, since Varun has offered to maintain her at home.

BNeha gets an allowance, because keeping a mistress is a just ground for her refusal.

CNeha gets an allowance only if Varun has married the other woman.

DNeha gets no allowance, because she left the home first.

Reveal answer + reasoning

Answer: B

The rule tells the Magistrate to test her grounds for refusing. A husband who keeps a mistress gives her a just ground, so the bar doesn't apply.

Why the others fail

A — An offer doesn't defeat a justified refusal.
C — Marriage or a mistress is enough.
D — The reason for refusing counts, not who left first.

🧪 CLAT-style practice (not a past question) Two routes, one claimant

A divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband, made within iddat. This right is in addition to, and not in derogation of, the general remedy for a wife, which includes a divorced wife who has not remarried. Any amount received under the first is taken into account under the second.

Within iddat, Rukhsana's former husband paid her ₹2 lakh. A year later, unable to support herself, she seeks a monthly allowance under the general remedy. Which is correct?

AHer application fails, since she has already used her personal-law remedy.

BHer application succeeds and the ₹2 lakh is ignored.

CHer application can proceed, but the Magistrate must take the ₹2 lakh into account.

DHer application fails, because the iddat period is over.

Reveal answer + reasoning

Answer: C

“In addition to” keeps both doors open; the last sentence stops double recovery.

Why the others fail

A — One remedy doesn't close the other.
B — The passage says the earlier amount is counted.
D — The general remedy runs until remarriage, not iddat.

Which traps catch students?

💥 Myth vs fact

Traps students fall for

🙅 Myth

Only a wife with nothing to eat can claim.

Tap to bust it →

✅ Fact

She needn't be destitute; the test is a reasonable life.

🙅 Myth

Divorce ends the duty to maintain.

Tap to bust it →

✅ Fact

A divorced wife counts as a “wife” until she remarries.

🙅 Myth

A qualified wife gets nothing.

Tap to bust it →

✅ Fact

Capacity to earn isn't earning.

🙅 Myth

Divorced Muslim women can only use the 1986 Act.

Tap to bust it →

✅ Fact

Since Samad (2024) they can use the secular remedy too.

🎯 Quick quiz

Five fact patterns

0 / 5

Rule: a parent unable to maintain himself or herself may claim from a child with sufficient means. Rohan's widowed mother's pension doesn't cover her medicines. Rohan is jobless; his married sister earns well.

Q1. Can the mother claim from the sister?

Rule: “wife” includes a woman divorced by her husband who has not remarried. Zoya divorced Aarav in 2020 and married Kabir in 2023. Kabir died in 2025.

Q2. Can Zoya now claim a monthly allowance from Aarav?

Rule: an adult child may claim only if an abnormality or injury leaves it unable to maintain itself. Kabir's son, 22, is a healthy graduate without a job.

Q3. Is the son entitled to maintenance?

Rule: maintenance runs from the date of application. Zoya applied in January 2023; in January 2026 the court fixes ₹15,000 a month. Aarav has paid nothing.

Q4. How much is due for the 36 months up to the order?

Rule: a wife who refuses to live with her husband without sufficient reason gets no allowance. Simran left because she preferred another city. Her husband wants her back; there is no cruelty, second wife or mistress.

Q5. Will Simran get an allowance?

🎯 In a nutshell

Maintenance = relationship + payer's means + neglect + claimant's inability.
“Unable to maintain herself” means unable to live reasonably, not destitute.
A divorced wife counts until she remarries; adultery or unjustified refusal bars her.
Children and parents have their own claims, against daughters too.
Divorced Muslim women can use the 1986 Act, the secular remedy, or both.

📎 Good to know, not to memorise

Bharatiya Nagarik Suraksha Sanhita 2023 ss.144–147 (from 1 July 2024), formerly CrPC 1973 ss.125–128.
Hindu Marriage Act 1955 ss.24–25; Hindu Adoptions and Maintenance Act 1956 ss.18–20; Muslim Women (Protection of Rights on Divorce) Act 1986 ss.3–4; Muslim Women (Protection of Rights on Marriage) Act 2019 s.5; Senior Citizens Act 2007.
Shah Bano, AIR 1985 SC 945; Danial Latifi (2001) 7 SCC 740; Rajnesh v Neha (2021) 2 SCC 324; Mohd Abdul Samad, 2024 INSC 506; Badshah (2014) 1 SCC 188.

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Frequently asked questions

Can a working wife claim maintenance?

Yes, if her income doesn't let her live reasonably close to the marital standard. Earning is no automatic bar: her income is weighed against her needs and the husband's means, so a small salary may still earn her a top-up, while a wife earning as much as her husband usually gets little.

Does maintenance stop after divorce?

Not under the secular remedy. A divorced wife counts as a wife until she remarries, so the duty continues if she can't maintain herself and he has the means. Under Hindu law the divorce court can also order permanent alimony, as a lump sum or regular payments.

Can a husband claim maintenance from his wife?

Not under the secular remedy, which covers only wives, children and parents. Hindu matrimonial law is gender-neutral: a husband with no independent income can seek interim support and costs during a divorce case, and permanent alimony when it ends. Other personal laws give him nothing.

Can a divorced Muslim woman still use the secular remedy?

Yes. Shah Bano (1985) first said so. After Parliament's 1986 Act, Mohd Abdul Samad (2024) held that the Act adds to the secular remedy rather than replacing it. She can use either law or both, and the court counts what she has already received.

From which date is maintenance paid?

From the date the application was filed. Rajnesh v Neha (2020) made this the rule in every maintenance case, because claims often take years and the dependant shouldn't suffer for the delay. Arrears for the waiting period become payable once the order is made.