Maintenance: Women Left in the Streets and the Worn-Out Steps of Courts – A Social Study

Introduction

There is a popular saying that “Marriage is a crop that lasts a thousand seasons.” Yet today, when that crop begins to wither, instead of trying to preserve it, a disturbing tendency seems to be growing in society—to destroy it altogether.

This is particularly evident when it comes to the issue of maintenance for a separated wife. The cruelty displayed by some men, who exploit the loopholes of law and society to avoid paying maintenance, is deeply shocking.

An Advocate’s Experience and an Unchanging Cruelty

Around 1996, in Tiruchirappalli, I came across a peculiar individual. He was a government employee who had resigned from his job simply to avoid paying even a small amount of maintenance to his estranged wife.

In court he would argue:

“I am now working as a daily wage labourer. How can I afford to pay maintenance?”

The cruelty of a person willing to destroy his own livelihood merely to deny justice to a woman continues to exist in society even today.

Many others delay the payment of monthly maintenance for years. The woman seeking her rightful support is forced to climb the steps of courts repeatedly until, metaphorically speaking, her knees wear out in the process.

The Bitter Truth Revealed by the Allahabad High Court Judgment

A recent judgment of the Allahabad High Court reveals another painful reality.

In that case, a man had been imprisoned for failing to pay ₹2,64,000 as maintenance arrears for the period from November 2023 to September 2025, covering 22 months.

The court pointed out that under Section 125 of the Code of Criminal Procedure, the punishment for failure to pay maintenance can only be one month’s imprisonment.

Since the man had already spent 22 months in prison, the court ordered his immediate release.

While the law considered the husband’s legal rights, one question remains unanswered: how did the woman survive those two years without the maintenance that was legally due to her?

The law may impose punishment, but it often fails to ensure the livelihood of the woman.

The Present Plight of Women

In our society, once a woman moves to her marital home, the support from her parental family gradually diminishes—an unwritten rule of social life.

Women are often expected to tolerate whatever happens in their marital homes. When circumstances force them to leave, or when they are driven out, many of them find themselves without support even in their natal homes, left standing alone in the streets.

Women from affluent families may manage through remarriage or independent living. But for women from poor and middle-class backgrounds, the situation is often extremely harsh.

Possible Alternative Solutions

1. One-Time Settlement

The system of paying maintenance monthly often fails in practice. When a couple cannot live together, a portion of the husband’s property should be allotted as a one-time settlement. This would help the woman live with dignity and financial independence.

2. Direct Salary Deduction

For those without property, a portion of their salary should be directly deducted through banks and transferred to the wife’s account. Though such mechanisms exist, they should be made mandatory.

Even daily wage labourers could be brought under such a system by ensuring that wages are paid through bank transactions, from which maintenance can be deducted.

3. Marriage Registration and Security Deposit

Laws alone cannot solve the problem. Certain practical preconditions may be necessary.

• At the time of marriage, a portion of the bride’s family property could be placed as a fixed deposit in a bank before the marriage is registered.

• Similarly, the groom’s family should also deposit a certain amount as a security fund before marriage registration.

These measures may create a financial safeguard for women in the event of marital breakdown.

Conclusion

Marriage registration must be made compulsory, and unregistered marriages should be treated as a criminal offence.

These suggestions may appear radical. However, for women who are abandoned and pushed into destitution, such mechanisms may provide a dual layer of security and hope.

Judgments of the Allahabad High Court may discuss the technicalities of law, but true justice lies in ensuring the livelihood and dignity of women through meaningful social change.

P.Sekar

Advocate