HomeMaintenance Law
HomeMaintenance Law
The maintenance laws were enacted to provide social justice and to protect the women, children and parents. The general definition of the maintenance from the oxford dictionary is to “provide financial support for person’s living expenses”.
The maintenance laws lays down the duty of a person to maintain wives, children, and parents for their basic amenities like food, clothing and shelter.
The object of maintenance is not to punish a person for his past neglect but to prevent vagrancy by compelling them to support those who are unable to maintain themselves.
a. Section 24 of Hindu Marriage Act, 1955: This section of the act talks about the Maintenance pendente lite and expenses of proceedings. The object of section 24 of the act is to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the case proceedings for the want of funds.
b. Section 18 of Hindu Adoption and Maintenance Act, 1956: This section talks about the right of maintenance of wife and the children whether legitimate or illegitimate. Clause 2 of the section says that a Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance.
Maintenance under Code of Criminal Procedure 1973: The maintenance law provided in Criminal procedure code is governed by section 125 of Cr.P.C. This section talks about the maintenance of wives, children, and parents. One should keep in mind that granting maintenance under any personal law is distinct and separate from the section 125 Cr.P.C, there should not be any conflict between the two. The judge while granting the maintenance under this provision shall consider the amount of maintenance already granted in some personal law.
The main aim of section 125 is to give a statutory recognition to the moral, legal and fundamental duty of a man to maintain his wife, children and aged parents.
A women can claim maintenance under section 20 of PWDVA, 2005. The purpose of introducing the section of monetary relief into this act is to make sure that every women who is living under a domestic relationship shall not be deprived from the basic amenities like food, clothing, shelter and Etc.
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