Under various personal laws and statutory provisions in India, a wife can claim maintenance from her husband based on specific grounds. Maintenance is intended to ensure that a wife is provided for financially, especially if she cannot support herself.

The grounds on which a wife can claim maintenance generally include:

1. Neglect or Refusal to Maintain
   If a husband neglects or refuses to provide financial support, the wife can claim maintenance. Neglect can be in the form of abandonment, refusal to live together, or failure to fulfill financial responsibilities.
    
2. Desertion by the Husband
   If the husband has deserted the wife without a reasonable cause and has no intention of resuming cohabitation, the wife can claim maintenance. Desertion means the intentional abandonment of the wife without her consent.
    
3. Cruelty or Harassment
   If the wife has been subjected to cruelty, abuse, or harassment (including physical or mental cruelty), she has a right to claim maintenance. This includes any form of domestic violence or abusive behavior by the husband.
    
4. Inability to Maintain Herself
   If the wife is unable to maintain herself due to a lack of income or resources, she is entitled to claim maintenance from her husband. This ground is often claimed by homemakers or wives who are financially dependent on their husbands.
    
5. Husband's Insanity or Physical Incapacity
   If the husband is mentally or physically incapacitated to the extent that he cannot provide for the wife, she may be entitled to maintenance. In such cases, the maintenance claim can be essential for the wife's sustenance.
    
6. Chronic Illness or Health Issues
   If the wife suffers from chronic illness or health issues and is unable to work or sustain herself, she can claim maintenance to cover her medical expenses and living costs.
    
7. No Source of Independent Income
   If the wife does not have any source of independent income or her income is insufficient to meet her needs and lifestyle, she is eligible for maintenance from her husband.
    
8. Husband's Adultery or Bigamy
   If the husband is involved in an adulterous relationship or has remarried, the wife can claim maintenance. Courts often consider this ground when awarding maintenance to protect the wife's rights.
    
9. Separation Due to Husband's Misconduct
   If the wife has left the matrimonial home due to the husband's misconduct, such as drinking, gambling, or engaging in criminal activities, she may be entitled to maintenance.
    
10. Laws under Various Statutes
    
    • Section 125 of the Code of Criminal Procedure (CrPC): This provides a remedy for maintenance for wives who are neglected or refused support. This is available to all wives, irrespective of religion, and is a quick and effective remedy.
    • Hindu Marriage Act, 1955: Provides for maintenance under Section 24 (maintenance pendente lite and expenses of proceedings) and Section 25 (permanent alimony and maintenance).
    • Hindu Adoption and Maintenance Act, 1956: Under Section 18, a Hindu wife can claim maintenance if the husband is guilty of desertion, cruelty, or has another wife.
    • Muslim Women (Protection of Rights on Divorce) Act, 1986: Provides for maintenance to Muslim women during and after the iddat period.
    • Indian Divorce Act, 1869: Allows Christian wives to claim maintenance.

In general, maintenance is intended to provide for the wife's basic needs, including food, shelter, clothing, and medical expenses, based on the husband's financial status and the lifestyle the wife was accustomed to during the marriage. The courts generally consider factors such as the husband's income, financial capacity, the wife's financial needs, and other obligations when determining the maintenance amount.

Written By: Prithwish Ganguli, Advocate - LLM (CU), MA in Sociology (SRU), MA in Criminology & Forensic Sc (NALSAR), Dip in Psychology (ALISON), Dip in Cyber Law (ASCL), Dip in International Convention & Maritime Law (ALISON), Faculty, Heritage Law College, Kolkata