Friday, 3 June 2022

Maintenance under Hindu Law in India


Maintenance is a duty on a man when his parents or wife or children are unable to maintain themselves. The maintenance amount can be paid to parents or wife or children monthly or at a time. Section 125 of Cr.P.C explains about the maintenance law in India along with the personal laws that which extend not only to the wife but also to the parents and children. Maintenance under Section 125 of Cr.P.C can be claimed by anyone regardless of religion, caste etc., where as personal laws can be claimed by the persons belonging to their personal laws. 

Maintenance under Hindu Law

A wife can claim maintenance under Hindu Adoption and Maintenance Act, 1956 and it also recognizes the maintenance of aged parents, children, widowed daughter or daughter in law to receive maintenance. In case of maintenance of wife court will look into the reason for separation, financial condition of husband before awarding maintenance. If husband agree to cohabit with the wife then the maintenance will be rejected. In certain situations wife can still get maintenance even husband want to cohabit even she don’t want to cohabit. If the maintenance is claimed under any personal law then it cannot be claimed under Section 125 of Cr.P.C.

Section 26 of Hindu Marriage Act, 1955 says about the maintenance of children. In case of separation of parents the one who suffers the most are children. The legislature makes several provisions under Hindu Law to save the child by becoming victims for the action of their parents. If the custody of child is given to one parent it doesn’t not cease the liability of another parent, both have the equal liability until child is minor. When it comes to maintenance of children both the parents are responsible for the maintenance of children and both the parents play a very crucial role in upbringing of their children and to provide basic needs for them and the parents also have socio, legal and moral obligation to maintain their children despite of the fact whether they live separate or together. Maintenance should include food, education, treatment, clothing and residence and in case of daughter maintenance should be given even after she attains majority age (18 years) and her marriage expenses also come under maintenance.

A person must have basic amenities like food, clothing, shelter and other necessary requirements for living a dignified life. It is the moral of a man to provide a dignified life to his parents. Prior to 1973, there is no particular law for claiming of maintenance of parents. In 1973 Section 125 of Cr.P.C was enacted to provide maintenance for parents also and later in 2007, Section 2(b) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was passed under which elderly parents or senior citizens or grand parents can claim for maintenance and monthly allowances from children or legal heirs. But they can’t claim maintenance under both the acts. Parents include both father and mother whether biological, adoptive or step father or step mother.

Maintenance under Hindu Law in India by Velanati Jyothirmai @ Lex Cliq

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