Maintenance law
Maintenance is the financial assistance given to the aggrieved party who is under a reasonable need of financial assistance, claimed by an application made in the competent court. It is financial assistance enacted in laws, to support the aggrieved party to reduce the financial burden. The purpose behind this provision is to provide the same standard of living to the vulnerable sector of the society ie., other spouse as it was before the proceedings or separation in matrimony and women & children, aged parents in the domestic front. The word Maintenance refers to the financial support to the other person who is in familial obligations or legal responsibilities.
The ACTs which provide the maintenance are as Follows:
S.No | Act Name | Section | Description |
1. | Hindu Marriage ACT 1955, | 24 25 | Pendente Lite Permanent Alimony |
2. | Code of Criminal Procedure 1973 | 125 127 | Only wife can claim, Only legally wedded wife Legitimate, Illegitimate child. Alteration to the Maintenance on material alterations of the circumstances. |
3. | Hindu Adoption and Maintenance Act 1956 | 18(1) 18(2) 18(3) 19 23 24 25 | Either spouse can claim maintenance. Unchaste wife living with husband can claim maintenance, Wife who ceased to be Hindu by conversion cannot claim maintenance. Maintenance can be availed even by living separately on grounds of 1) Desertion, willful neglect by husband. 2) on cruelty to apprehend wife for living with him. 3) If having Leprosy, or living with other wife, having concubine, or Ceased to be a Hindu by conversion to the other religion. 4) If living separately is justified. Unchaste wife living separately cannot be entitled to separate residence and maintenance. Widowed wife is entitled from father-in-law having no means and estate share from mother father husband sons and daughter, and cannot avail if Father-in-law has no means to support, further option ceases if daughter-in-law remarries. Under courts discretion the maintenance amount shall be decided based on the factors of the value of the respondent’s property, income of the spouse, claimants’ reasonable wants, dependents, position and status of the parties etc. Under conversion to other religion and ceased to be Hindu maintenance cannot be claimed. Maintenance amount can be altered if material change occurs in any circumstances. |
4. | The Maintenance and Welfare Of Parents and Senior Citizen ACT 2007. | ||
5. | The Protection of women from Domestic Violence ACT 2005 | 20 | Maintenance to women who is a victim of domestic violence as a right of under this act. This law is only in place to expedite the process. |
6. | Muslim Women (Protection Rights on Divorce) ACT 1986 | ||
7 | Indian Divorce Act 1869 | 37 | If decree of dissolution of marriage or decree of judicial separation is given then district court has the power to grant maintenance under this act. |
8. | Parsi Marriage and Divorce Act 1936 | Wife can claim up to 1/5th of the husband’s average income for 3 years as alimony or while the suit pending in the court. | |
9. | Special Marriage ACT 1954 | 36 37 | Wife can claim form interim maintenance while the suit is pending. Permanent alimony for the necessary support after the divorce decree. |
Maintenance is the financial assistance given to the aggrieved party who is under a reasonable need of financial assistance, claimed by an application made in the competent court. It is financial assistance enacted in laws, to support the aggrieved party to reduce the financial burden. The purpose behind this provision is to provide the same standard of living to the vulnerable sector of the society ie., other spouse as it was before the proceedings or separation in matrimony and women & children, aged parents in the domestic front. The word Maintenance refers to the financial support to the other person who is in familial obligations or legal responsibilities.