In this article you will learn about the Maintenance under Hindu Law.
Maintenance under Hindu Law
Maintenance under Hindu law is a legal obligation imposed on certain relatives to provide financial support to specific family members who are unable to maintain themselves. The obligation primarily arises under the Hindu Adoptions and Maintenance Act, 1956, and it encompasses various relationships within the Hindu joint family system. Here are key points regarding maintenance under Hindu law :
Applicability
Maintenance under Hindu law is applicable to Hindu individuals, including Hindus, Jains, Sikhs, and Buddhists.
The Hindu Adoptions and Maintenance Act, 1956, governs matters related to maintenance among Hindus.
Eligibility for Maintenance
The Act defines specific categories of individuals who are entitled to claim maintenance. These include wives, legitimate and illegitimate children (both sons and daughters), elderly parents, and unmarried daughters.
Obligation of Maintenance
Certain relatives have a legal obligation to provide maintenance to those who are unable to maintain themselves.
For instance : A husband is obligated to maintain his wife during the subsistence of the marriage.
Parents are obliged to maintain their children (minor or major, married or unmarried).
Children have an obligation to maintain their aged and infirm parents.
Conditions for Maintenance
Maintenance is typically granted when the claimant proves that they are unable to maintain themselves and that the person from whom maintenance is sought has the means to provide support.
The court may consider factors such as the financial position of the parties, the needs and necessities of the claimant, and the lifestyle to which the claimant is accustomed.
Amount of Maintenance
The court determines the amount of maintenance based on various factors, including the income and financial capacity of the person liable to pay maintenance and the reasonable needs of the person seeking maintenance.
Maintenance of Children
Maintenance for children includes not only financial support but also the provision for education and other essential needs.
Alteration of Maintenance Orders
Maintenance orders can be altered or modified by the court based on changed circumstances, such as an increase or decrease in the financial capacity of the person liable to pay maintenance.
Enforcement
Failure to comply with a maintenance order can result in legal consequences, including imprisonment. The court has the power to enforce maintenance orders.
Two types of Maintenance
Temporary Maintenance : Also known as maintenance pendente lite, this type of support is granted by the courts while the divorce case is still pending. The goal is to cover the spouse who is a party to the proceedings' immediate and essential expenses. If satisfied, the court might award it. This type of maintenance is covered under Section 24 of the Hindu Marriage Act of 1955. may also be asserted in accordance with CrPC Section 125(1).
As the name implies, permanent maintenance is the payment of a certain amount either continuously or on a periodic basis after the legal proceedings have been resolved. Section 25 of Hindu Marriage Act, 1955. It is entitled to be received by either spouse.
This article on Maintenance under Hindu Law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.