MAINTENANCE UNDER THE HINDU MARRIAGE ACT, 1955: RIGHTS OFI SPOUSES, DETERMINATIVE FACTORS AND THE JUDICIAL APPROACH

MaintenanCe iS the legal meChaniSm throUgh whiCh a finanCially weaker SpoUSe SeCUreS SUpport dUring and after matrimonial proCeedingS. SeCtionS 24 and 25 of the HindU Marriage ACt, 1955 ("HMA") empower CoUrtS to award interim and permanent maintenanCe bUt SUpply no formUla for qUantUm, leaving the oUtCome to jUdiCial diSCretion. ThiS paper examineS the StatUtory framework of maintenanCe Under the HMA, the rightS of SpoUSeS Under SeCtionS 24 and 25, the faCtorS that determine awardS, and the approaCh of the SUpreme CoUrt of India, with partiCUlar attention to Rajnesh v. Neha (2021). It argUeS that the law iS SoUnd in prinCiple bUt weak in praCtiCe beCaUSe of delay, inConSiStent qUantUm, diffiCUlty of enforCement, oUtdated gendered langUage in SeCtion 25(3) and the abSenCe of a matrimonial property regime. The paper ConClUdeS With reform SUggeStionS aimed at making the remedy timely, tranSparent and gender-neUtral.