When a Marriage Ends: Who Pays the Price?
This
Blog is Written by Rajalakshmi Ganesan, 3rd Year, LLB, Renaissance
University, Indore.
Blog 30 | Edition VII
Marriage
is supposed to run on companionship and mutual support. When it collapses,
though, the courts are left holding a much narrower question: what happens to
the spouse who walks away with less money and fewer options? People often talk
about maintenance law as though it's a weapon something one spouse uses to
punish the other. That's a misreading of what the law is actually trying to do.
Maintenance isn't a penalty, and it isn't a reward either. It exists so that
one person doesn't end up destitute while the other keeps living comfortably,
simply because a marriage didn't survive. Indian family law is constantly
trying to hold two things in tension: a person's right to financial
independence, and the responsibilities that come out of a marriage.
Where the Law Comes From?
There's
no single provision that governs maintenance. Depending on the situation, a
spouse might turn to different statutes entirely. Under the Hindu Marriage Act,
1955, Section 24 covers maintenance during the pendency of proceedings
essentially, the cost of the litigation itself while Section 25 deals with
permanent alimony. Section 24 exists because someone recognized a basic
problem: fighting a legal battle costs money, and a spouse without independent
income shouldn't be handicapped in court just because the other side has deeper
pockets. Then there's Section 144 of the Bhartiya Nagarik Suraksha Sanhita,
2023, which covers maintenance for wives, children, and parents carrying
forward what Section 125 of the old CrPC used to do. None of these provisions
ask a narrow, technical question like "can this person theoretically earn
a living?" The real question courts are meant to ask is whether what a
spouse already has is enough to live on with some dignity.
What Rajnesh v. Neha Changed
The
Supreme Court's ruling in Rajnesh v. Neha, (2021) 2 SCC 324, is probably the
single most cited authority on this subject today. It tried to bring some order
to what had been a fairly inconsistent area of law by laying out the factors
courts should weigh income, financial status, genuine needs, dependents,
liabilities, and so on. But the more interesting part of that judgment isn't
the checklist. It's the Court's recognition that maintenance disputes drag on
partly because parties hide or misrepresent their finances. So the Court built
in disclosure requirements asset and liability statements to stop cases from
being decided in the dark. The underlying point is simple enough: you can't
fairly work out maintenance without knowing what both people actually have.
Does Being Educated or Employed Rule Out a Maintenance Claim?
This
is where a lot of confusion creeps in. Having a degree doesn't disqualify a
woman from claiming maintenance. Neither does having a job. In Sunita Kachwaha
v. Anil Kachwaha, (2014) 16 SCC 715, the Supreme Court pushed back on the idea
that employment alone kills a maintenance claim. The distinction courts keep
drawing is between earning something and being genuinely selfsufficient. A
woman making ₹20,000 a month isn't in the same financial position as a spouse
making ₹2,00,000 per month, even though technically both have "an
income." Maintenance law is meant to look at the real numbers, not just
tick a box that says "employed: yes/no."
But
Maintenance Isn't a Blank Check Either
There's
a counterweight to all this. Maintenance shouldn't turn into an automatic
penalty imposed on whoever's marriage failed. Courts are expected to actually
look at things like real earning capacity, what the person genuinely needs, the
standard of living the couple had during the marriage, whether there are
children to support, existing liabilities and assets, and where it's legally
relevant conduct. The Supreme Court has recently reaffirmed that Sections 24
and 25 involve real judicial discretion, not a fixed formula. So, maintenance
isn't punishment, and it isn't a ticket to an unlimited lifestyle either. It's
meant to land somewhere in the middle fairness, not a windfall.
Children Are Not Leverage
Custody
disputes run on an entirely different logic: the welfare of the child comes
first, full stop. In Nil Ratan Kundu v. Abhijit Kundu, (2008) 9 SCC 413, the
Court made clear that custody can't be reduced to a contest over parents'
statutory rights. And in Gaurav Nagpal v. Sumedha Nagpal, the Court went
further, saying "welfare" has to be read broadly not just financial
comfort, but emotional and moral well-being too. What follows from this is
straightforward, even if it's not always honored in practice: a child isn't
something to be traded for a better maintenance outcome or a favorable custody
order. Family courts aren't meant to be an extension of the marital fight.
The Real Danger: Litigation That Never Ends
One
of the biggest problems facing family courts is how long these disputes stretch
on. A single divorce petition can spiral into maintenance proceedings, then
custody, then visitation, then domestic violence complaints, then property
disputes, then execution proceedings, then appeals each one technically
justified, each one adding to the emotional and financial toll on a family
that's already struggling. The law provides all these separate remedies for
good reasons. But the harder question is whether they can actually be delivered
fast enough that the process of seeking justice doesn't become its own form of
harm.
Beyond "Husband's Rights" vs. "Wife's Rights"
Framing
family law as a tug-of-war between husbands and wives misses what courts are
increasingly asked to weigh: dignity, autonomy, financial vulnerability, and
the welfare of any children involved. A spouse who gave up career opportunities
to run a household shouldn't be treated as automatically self-sufficient just
because she happens to be educated. At the same time, someone who genuinely
can't afford to pay shouldn't be ordered to hand over an amount that has no
relationship to their actual finances. Finding that balance is, essentially,
the whole job of the court.
The Constitutional Backdrop
Underneath
all of this sits the Constitution. Article 14 guarantees equality, Article 15
bars discrimination, and Article 21 protects life and personal liberty and
dignity, as courts have read it, isn't really separable from economic security.
Someone coming out of a failed marriage shouldn't be pushed into poverty simply
because the relationship ended. But the legal process also shouldn't become a
tool for financially crushing the other spouse. The goal, in the end, is
fairness not revenge.
Conclusion: The Law Should Close the Wound, Not Reopen It
Family
courts handle disputes that are intensely personal people who once built a life
together, children caught in the middle, financial decisions that will shape a
family's future either way. The law has to walk a fine line: protecting the
financially vulnerable without manufacturing dependency that isn't real,
recognizing unpaid domestic work without dismissing genuine hardship on the
other side, and treating children as people with their own welfare never as
bargaining chips. Maintenance law was never supposed to decide who
"won" a marriage. Its real job is making sure that when a marriage
ends, it doesn't take a person's financial security down with it.

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