Women have always formed a very fascinating subject for social study.  In recent years more and more literature has been devoted to what is called the women’s issues.  The general feeling – whether one is  feminist  or  not  is  that  women  have  a  always suffered in a man  dominated  society  and  have  to  fight  for  their  rights in all societies, and that they are still fighting more so in the third world countries.

The maintenance of women is a subject of great socio-legal significance. The matter as regard its nature, is highly sensitive.  It  basically  relates  to   the  vital  issues concerning  gender-justice and  delicate  human  relations.  But  if  we   analyze   different laws dealing with the  women’s  right to maintenance, it becomes clear that these  laws are not adequate and are further circumscribed by such  conditions  which  are  generally used by men to avoid their responsibility  to  provide  maintenance  to  women.  So, this study is intended to find out the different between these la by making a comparative study of these laws.

India is a country of so many  castes  and  communities,  having different laws and customs  for  their  personal  matters that is  difficult  to give a detailed  and comprehensive study of each  and  every  law  and  custom  governing  different communities. So, this study is  confined  to  the  laws  of  some  major  communities  such  as Muslims, Hindus, Christians and Parsis. Further it also makes a reference to some secular laws such as Criminal Procedure Code, 1973 and Special Marriage Act. 1954

In the laws of all these communities wife’s have less rights than men in corresponding situations. That in  itself  is  not  surprising  since  religions  in  every  part  of the  world  tend to discriminate against women; and religious personal laws are reputedly based  on religious rules and  doctrine. However  the  Indian  constitution  proceeds  on  the assumption that women considered to be weaker section of the society  (Art  15,  16). Legal system of any country  is  part  of  its  social  system  and  reflects  the  social, political, economic and cultural characteristics of that society. Hence the social development depends upon the legal system and laws me have in our society.

It is inconsequential whether the wife is a Muslim or Non Muslim, rich or poor and accordingly to many authorities. Minor or adult healthy or sick. She is entitled to this right by virtue of the fact that she is devoted to the husband’s companionship and is confirmed to his house hold, or by very reason of marriage. i.e. being his wife & trust.

The wife maintenance entitles her incontestable right to   lodging clothing, food and general care. The right has the right to be clothed & cared for by the husband, in accordance with his means and her style of life. This right is to be exercised without extravagance or Miserliness.

This study  provides  a  brief  history  of  the  laws  of  maintenance  and  the  existing position of these laws. Further study proceeds to  examine the legal  position  of  a  women’s right to maintenance during the  subsistence  of  marriage,  on  its  breakdown, on divorce and after divorce under different personal and statutory laws in India.