Maintenance laws for the women of this nation are divided into two classifications where one of it focuses on the maintenance due to a divorce or some other matrimonial remedies and the second one discusses maintenance while the period of subsistence of marriage . The main object of this Article is to enlighten.The purpose of maintenance which is to prevent immorality and maintain the dignity of women and children.This Article talks about the necessity of alimony and maintenance wife,widow and dependent under hindu adoption and maintenance act 1956.
Undivided family gave rise to the origin of the night of maintenance.The person who is called as the head in such family is mandatorily bound to maintain the members of said family.Under the hindu adoption and maintenance which is as follows :
i) In all cases,provision for food,clothing,residence,education and medical attendance and treatment.
ii) In the case of an unmarried daughter also the reasonable expenses of an incident of her marriage.
iii) “MINOR” means a person who has not completed his or her age of eighteen year.
Section 25 of the Hindu Marriage Act 1955 Provision for the maintenance after a divorce or nullity of marriage and sec 125 of Crpc and Hindu adoption $ Maintenance for wife,parent and children.
Q.What is the right of maintenance under the hindu adoption and maintenance act 1956 ?
According to the apex court it was held that it is a liability created by hindu law and it arises out of jural relation of the parties.
A.Maintenance of the wife :
Maintenance and separate residence of wife is death by Section 18 of the said act :
1.A Hindu wife , whether married before or after the commencement of the said act, shall be entitled to be maintained by her husband during her lifetime .
2.A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance and the requisite condition are stated from clause (a) to (g).
3.A Hindu Wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or cease to be a hindu by conversion to another religion.
i) Maintenance provided intermily :
According to the supreme court under Section 18 of the act interim maintenance can be claimed and thus is a substantive right.The obligation of the maintenance of the wife remains on the husband even though the wife might choose to live separately.Both Sec 18 and 21 of the said act don’t provide for any change or maintenance on separate property of husband.
ii) Residence Separate from the residence of husband : A judgement passed by the madras high court stated that the wife was indeed entitled to a supreme residence along with maintenance.The said wife in this case was living alone .She was living with her children.She was solely responsible for raising her kids face the case of desertion.Even though the wife fails to prove the requistic ground.she cannot be denied justice and cannot be denied relief.
B.Widowed Daughter‐in‐laws hold the right to maintenance : It is the rightful duty of the father-in-law to provide and maintain the daughter-in-law in case of the demise of his son who was lawful married to daughter-in-law.She is entitled to maintenance to the point where she is unable to take proper care of herself out her own earning or any other property.
The Hindu adoption and maintenance act 1956 stands as one of the very essential act in order to protect the rights of women,children,old and infirm.This Act thereby makes sure that they have requisite resource to live and sustain themselves by saving them from spending their lives on the street without food or shelter.
WRITTEN BY MANVI SINGH…