What makes it important to investigate Maintenance Cases?

The problems of couples do not fade away even after getting divorced. Ending a bad relationship doesn’t make the toxicity fade away. There can be repercussions coming up after the divorce procedure is completed. One such issue that breeze in is that of maintenance cases. 

What is a maintenance case? 

Usually, a wife/husband can claim financial assistance from their spouse after getting divorced. It is a gender-neutral provision. Sections 24 and 25 make provision for maintenance to either party who has no independent source of income for his or her expenses. 

Personal laws like the Hindu Marriage Act of 1955 and Hindu Adoptions and Maintenance Act, 1956 contain the provisions for maintenance in case of dissolution of a marriage. In Muslim personal laws too, maintenance is granted under the Protection of Rights on Marriage, Act, 1986.

 The Special Marriage Act, 1954 is another legislation dealing with marriages irrespective of the religion of either party, a maintenance can be sought in this Act as well. 

Apart from the Personal laws, the Protection of Women from Domestic Violence Act, 2005 (PWDVA), and the Code of Criminal Procedure, 1973 (CrPC) also contains the provisions for maintenance in a divorce or separation.

Under section 125 of CrPC 1973; the husband is bound to pay a maintenance amount to the woman and children. However, the right to claim maintenance is proclaimed if either party lacks the financial resources to sustain their life.

Provisions that a wife claims maintenance from her husband? 

• Hindu Adoption and Maintenance Act, 1956 provides the right to a wife to claim maintenance from her husband after getting divorced or separated.
• A wife can file a maintenance case under this Act in India against her husband if she is unable to maintain herself financially.
• The court will examine the financial position of the husband and the reason for which the wife is separated from her husband, before awarding maintenance to her. 
• The Hindu law or family law in India recognizes the right of a wife, children, aged parents, and widowed daughter or daughter-in-law to receive maintenance from her husband.

Why Investigations are pioneered in maintenance cases?

• Hiding the actual source of income: Sometimes, the spouse is suspicious of getting less amount of money through maintenance than expected. Upon proper Investigation, it is proved that the spouse is deceiving the court by not showing true facts and the exact source of income then the amount can be revised. So, a just and sound Investigation thus helps the sufferer to be able to fight for the injustice done.  
• Having another source of income: There are enormous growing cases where the spouses can hide their other sources of income if he/she is having other supportive sources of income. For instance, if the wife is giving private tuition and earning through it. Also, she is receiving the maintenance amount. A sound investigation and proof are therefore needed to be able to handle such situations.
• Getting financial support from other affairs: Moving on into another relationship after separation is normal. So, in this case, the other party is liable to investigate whether the wife/husband is getting any financial support from their new relationship. Upon investigation, it is confirmed that he/she is getting financial support from their present relationship then,  

It is generally seen that when a matrimonial dispute arises a male always wants that he did not give a single penny to his wife for maintenance. For this, they look for different kinds of tactics to mislead the court. But; the husband is bound to pay the maintenance to his wife and children according to the law. However due to successfully hiding facts and not showing proper income husband can take advantage to pay very less maintenance to his wife. In this case, the women can count on the Investigating firms or Private Detective Agencies for an investigation to enhance the maintenance amount. Upon Investigation if she proves exact facts of the husband’s income before the law she can appeal to the High Court to revise the previous order of the Trial Court. There are also some cases also which are decided in favor of the women and their maintenance is enhanced as per the income of the husband.