Skip to main content

Maintenance under Hindu Law in India

 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


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti