Concept of Maintenance under Hindu Adoption and Maintenance Act, 1956
Concept of Maintenance under Hindu Adoption and Maintenance Act, 1956
What is Maintenance?
Maintenance refers to the financial support provided for the basic needs of a person who is unable to maintain themselves.
The Act lays down the obligation of certain family members to provide maintenance to their dependents.
Who Can Claim Maintenance?
Under the Hindu Adoption and Maintenance Act, 1956, the following persons can claim maintenance:
Wife:
The Hindu wife is entitled to maintenance from her husband during marriage.
Maintenance continues even if the wife is separated but not divorced.
Includes married daughters who are unable to maintain themselves.
Children:
Legitimate or illegitimate Hindu children.
Includes minor children and adult children unable to maintain themselves due to physical or mental incapacity.
Adopted children are treated as natural children for maintenance.
Parents:
Hindu parents unable to maintain themselves can claim maintenance from their children.
Who is Liable to Pay Maintenance?
The Husband is liable to maintain his wife.
The Parents are liable to maintain their minor or incapable children.
The Children are liable to maintain their aged or infirm parents.
The Adoptive parents and adopted children are liable to maintain each other, similar to natural relationships.
Extent of Maintenance
The person liable must provide sufficient means to maintain the claimant suitably.
Maintenance includes food, clothing, residence, medical attendance, and education (for children).
The amount depends on the income and status of the person liable.
Special Features
Maintenance is a legal right and can be claimed by filing an application in the competent court.
The court can order monthly allowance for maintenance.
The right to maintenance is available even if the parties are separated but not divorced.
Adopted children have the same right to maintenance as natural children.
The Act provides maintenance to unmarried daughters and widows who are unable to maintain themselves.
Summary Table
| Claimant | Person Liable to Maintain | Key Points |
|---|---|---|
| Wife | Husband | Maintenance during marriage and separation |
| Children | Parents | Includes adopted, minor, or incapable children |
| Parents | Children | For aged or infirm parents |
| Adopted Child | Adoptive Parents | Equal rights as natural children |
Important Case Law
Gaur Keshav v. Gaur Pratap (1963): Right of maintenance is a legal obligation, not merely a moral duty.
Alokesh K. Ray v. Union of India (1993): Adopted children have equal rights to maintenance.
Do write to us if you need any further assistance.
RELATED Blog
0 comments