Skip to main content

MAINTENANCE UNDER HINDU LAW

 MAINTENANCE UNDER HINDU LAW 

BY NUPUR GARG

INTRODUCTION 

Maintenance is covered under section 24 of the Act of 1955 which provides relief and relaxation in terms of money and litigation expenses to the spouse who is parted from the marriage and unable to maintain his living during the tenure of proceedings. It has also been provided that the sum of money and the expenses of the proceeding should be disposed of within sixty days as under the followings of the issued notice on the wife or husband. Maintenance is granted to the spouse as a financial assistance to its litigating parties by order of court if any application has been filed and she does not have any source of income.

Under Hindu Law, the maintenance for wife deals with the specific and relevant provisions of Modern Hindu Law. The area of drawback of the case has been found during the procedure of the investigation of the administrative arrangements and the assessment of the legal professions. Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956 contained provisions which therein are required to discuss or to know the legislation position of wife under these Acts. The relevant provisions which are there: Section 24, and Section 25 of the Hindu Marriage Act, 1955, and Section 18 of the Hindu Adoption and Maintenance Act, 1956 which contain the prescribed law. Section 24 of the Hindu Marriage Act, 1955, manages the divorce settlement during the pendent light and the costs of the procedures.

SECTION 18 – MAINTENANCE OF WIFE

This provision is especially created to provide a support to the married women. It doesn’t matter that the Hindu wife, whether married before or after the commencement of this Act because every wife will get maintenance by their husband during their life tenure. 

Section 18(1) is applicable to the wife who is living with her husband. The wife who has ceased to be Hindu cannot claim for the maintenance but an unchaste wife who has been living with her husband under the same roof has the authority to claim for the maintenance by the court. 

(2) A Hindu spouse or wife shall be entitled to live their life independently from her better half without relinquishing her to forfeit the maintenance. 

  • If he is liable of abandonment or of stubbornly dismissing her. 

  • If he has regarded her with so much cold-bloodedness as to cause a sensible apprehension in her mind that it will be destructive or harmful to live with her husband. 

  • If he is experiencing a harmful type of infection or leprosy.

  • If he has some other spouse living and can be known as extra marital affairs.

  • If he keeps a mistress in a similar house wherein his better half is living or routinely lives with a concubine somewhere else. 

  • If he has stopped to be a Hindu by transformation to another religion. 

  • If there is some other reason legitimizing living independently. 

(3) (Forfeiture of the claim for the maintenance or support). A Hindu spouse will not be qualified for discrete living arrangements and support in the form of maintenance from her husband on the off chance that she is unchaste or stops to be a Hindu by transformation to another religion.

AMOUNT OF MAINTENANCE TO THE WIFE

Under section 23, the power to decide whether any or not the compensation should be given to the wife as maintenance to be awarded under this Act lies on the discretion of the court. The court will consider the following:

The status and position of both parties.

The wants that are claimed by the claimant are reasonable.

If the claimant is separated than it is justified to do or not.

Number of persons who have right to claim maintenance.

Section 25 states that the amount of maintenance which has to be given whether decided by the court decree or by the agreement will be changed only if there is materialistic change in the circumstances. But under Section 24, the spouse cannot claim for the maintenance if they ceased to be Hindu by conversing their religion to another.  In the case of Kanchan v. Kamalendra where the husband claimed for the maintenance under section 24 of this Act. However, to claim for the maintenance the husband has to prove something strong like any illness or disability to earn for his livelihood. As the wife in this case was the employee earning Rs. 2000 in which she needs to run her household expenses and to maintain her child.

The court further added that mere closure of the business will not be taken as a valid or strong point for claiming the support from wife. In these matters the court will not solely rely on the facts for the approval of maintenance as the husband was capable enough to promote idleness. This will be opposed to the idea of section 24 of this Act. The trial court after considering all the facts came to the decision without any justification for providing maintenance in favor of the non-applicant husband who claimed for maintenance.


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 ...