Law of Maintenance Under Hindu Law
📜 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
| Law / Act | Applicable To |
|---|---|
| Hindu Adoption and Maintenance Act, 1956 (HAMA) | Hindus (includes Buddhists, Jains, Sikhs) |
| Section 125, Criminal Procedure Code (CrPC) | All religions – secular and uniform provision |
| Hindu Marriage Act, 1955 (Section 24 & 25) | Maintenance during and after matrimonial disputes |
🧑⚖️ 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Can be modified or rescinded if circumstances change (e.g., remarriage, income change)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
| Person Entitled | Law Applicable | Condition |
|---|---|---|
| Wife | HAMA, CrPC, HMA | Dependent and not living in adultery |
| Children | HAMA, CrPC | Legitimate/illegitimate, minor/unable to earn |
| Parents | HAMA (Hindus), CrPC | Aged or infirm |
| Widow Daughter-in-law | HAMA | Not remarried, dependent |
| Spouse (after divorce) | HMA | Court's discretion, based on circumstances |
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