Skip to main content

Maintenance

 MAINTENANCE

The provisions of maintenance act are entitled to fulfil a social purpose. These provisions are contained in Criminal procedure code, 1973 under section 125 to 128 under the Hindu marriage act, 1955 under the Hindu Adoption and Maintenance act, 1956. Under the protection of women from Domestic Violence Act, 2005. The maintenance and welfare of Parents and Senior citizens act, 2007.

The object of all these provisions is to compel a man to perform the moral obligations, which he owes to the society in respect of his wife, children and parents. By provisions a simple and speedy but limited relief. These provisions seek to ensure that the neglected wife and children are not left beggared and destitute on the scrapheap of society and there by driven to a life of vagrancy, immorality and crime for their subsistence.  

The inability of the wife, child and father or mother to maintain themselves could lead to social problems and therefore, it became the concern of the state not to allow such inability to grow in to social problems of great magnitude unless the consequences of such inability were checked by providing appropriate measure, large scale vagrancy could be the probable off-shoot there from. 

The legal definition of maintenance is the financial support that is paid by one ex-spouse to another pursuant to a legal separation or divorce. This financial support is for the wife’s or the divorced wife’s livelihood, for her children, for the maintenance of the property, and in certain cases, even to enable her to be adequately represented in the lawsuit. 

MAINTENANCE UNDER VARIOUS LAWS:

  • Maintenance under Hindu Law

  • Maintenance under Muslim Law

  • Maintenance under Christian Law

  • Maintenance under Paris Law

  • Maintenance under Code of Criminal Procedure, 1973

  • Maintenance under protection of women from Domestic Violence Act, 2005

  • The maintenance and welfare of parents and senior citizens Act, 2007

Maintenance under the CrPC is secular in nature, as any woman belonging to and practicing any religion or faith can approach the court under this. The law of maintenance is given under the section 125-128 of the Criminal Procedure Code, and is civil in nature. Under this section, maintenance can be claimed by the wife, children and parents. Section 125 to 128 provide for a speedy, effective and rather inexpensive remedy against persons who neglect or refuse to maintain their dependent wives, children and parents. 

Under the Hindu Laws, the male counterparts are also eligible to receive maintenance. But in cases of second marriage, the second wives can only get respite under the secular law of maintenance under section 125 of the CrPC. So, the CrPC is a better recourse to get maintenance compared to the Hindu Personal Law

In case of Muslim women, it is definitely more beneficial for them to approach the court under the CrPC for claiming maintenance, rather than under their personal law. Also, it also applies on divorced women, unlike the Muslim Personal Law. It also provides for a lifetime maintenance, unlike the Muslim Law that only provides for maintenance till the Iddat period. 


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...