With the increase in the education level and with the modernization, it is seen that there is more and more tensions and frictions amongst the spouses which ultimately lead to unhappiness in the marriage. In contrast to the earlier times, when the people used to carry on with the unhappy marriages but now they are no more interested to carry on with such marriage as they do not want to sacrifice their happiness and independence at the cost of saving an unhappy marriage. Therefore, more and more Divorce and Maintenance disputes are arising in India. Besides that there are more and more weddings being solemnized between an Indian spouse and spouse living in the foreign countries who is born and brought up in two diagonally different cultures. Thus resulting into cross cultural marriages which ultimately also are the cause of unhappy matrimonial life.
On account of the unhappy married life, the most common remedy resorted is Divorce:-
Divorce is one of the most commonly resorted remedy in a broken and unhappy marriage. Though in India the law of divorce is not so easy unlike various western countries where even if one of the spouse does not agree to live together one can go in for divorce, whereas in India it is possible only if both the spouses are not willing to live together only then divorce is possible on the ground of mutual consent, whereas in cases of a disputed divorce, though the law provides various grounds like cruelty, desertion, infidelity, impotency and adultery, but to prove the same and get a decree of divorce on those grounds it becomes a very uphill task for the party seeking divorce. The contested divorce most of the time is, therefore, filed to assert pressure on the other spouse and ultimately both the spouses reach to some level of consensus that they would seek a divorce on the ground of mutual consent. During the pendency of the divorce proceedings, the Indian Hindu law provides that the spouse who is earning has to maintain the spouse who is not earning, therefore, many a cases are settled between the parties by mutual consent divorce once one of the party is made to pay maintenance to the other party.
Incidentally unlike many western countries there is no concept of law by virtue of which at the time of divorce both the sposes have to go in for division of properties.
One of the necessary outcome and ancillary to such matrimonial litigation of divorce is the maintenance of the spouse:
Maintenance as such is duly recognized under the law and the maintenance of the spouse, children as well as aged parents are both civil as well criminal liabilities of an individual. Though in case of spouses any spouse who is not earning or inadequately earning can claim maintenance from the one who is sufficiently earning. Therefore, the law has been enacted/codified both under the civil law as well as the criminal law. Any of the spouses or the children or the parents who are indigent and are unable to earn their livelihood have a right to claim the same from the other party. The law provides even the grant of interim maintenance meaning thereby that the one has not to wait for a long drawn battle in the court to get the maintenance. The maintenance is granted at the early and the initial stages as well, which is called as interim maintenance.