📜 Law of Maintenance Under Hindu Law

Maintenance refers to the financial support provided to a person who is unable to maintain themselves. Under Hindu Law, the concept of maintenance is both statutory (codified in acts) and personal (based on traditional obligations).

✅ Relevant Legal Provisions

🧑‍⚖️ 1. Under Hindu Adoption and Maintenance Act (HAMA), 1956

👨‍👩‍👧 Persons entitled to maintenance:

a. Wife (Section 18)

A Hindu wife is entitled to be maintained by her husband during his lifetime.

She may live separately and still claim maintenance in cases of:

Cruelty

Desertion

Husband having another wife or concubine

Conversion of husband to another religion

b. Widowed daughter-in-law (Section 19)

Entitled to maintenance from father-in-law if not remarried and unable to maintain herself.

c. Children and aged parents (Section 20)

Legitimate and illegitimate children, both sons and daughters, are entitled to maintenance.

Aged/infirm parents can also claim maintenance from children.

d. Dependents (Section 22)

Includes relatives like minor siblings, grandparents, etc., who were dependent on the deceased.

💡 Key Conditions:

Maintenance includes food, clothing, residence, education, medical treatment, and reasonable expenses of marriage (in case of unmarried daughters).

The amount depends on:

Status and position of the parties

Reasonable wants of the claimant

Income and property of the person liable

⚖️ 2. Under Hindu Marriage Act, 1955

🔸 Section 24 – Maintenance Pendente Lite (During litigation)

Either spouse (husband or wife) who has no independent income can seek interim maintenance and legal expenses during a divorce or separation proceeding.

🔸 Section 25 – Permanent Alimony and Maintenance

After divorce or judicial separation, the court may order:

Lump sum or monthly maintenance

Either spouse may be the payer or the receiver

Can be modified or rescinded if circumstances change (e.g., remarriage, income change)

⚖️ 3. Under Section 125 CrPC (Secular Law)

Provides a summary remedy for wives, children, and parents of any religion.

Wife can claim even if marriage is not strictly valid under personal law.

Maximum cap (now removed in some cases); courts decide based on income and needs.

🔍 Case Laws:

Bhagwan Dutt v. Kamla Devi (1975) – Right to maintenance is not dependent on wife’s willingness to live with husband if she has just cause to live separately.

Kirtikant D. Vadodaria v. State of Gujarat (1996) – Step-mother is not entitled to claim maintenance under Section 125 CrPC.

Shantha v. Amar Nath (2001) – Widowed daughter-in-law entitled to maintenance from father-in-law.

📌 Summary Table