Maintenance

The maintenance laws were enacted as a social justice instrument to provide financial support to dependent spouses and children and prevent them from falling into poverty and vagrancy. Maintenance means that the parties have certain rights if the marriage is dissolved. In rare cases, a woman may ask her husband for child support to protect herself and her child, provided to comfort her by earning her wife’s livelihood and mitigating her losses. In any event, child support claims are based on the assumption that those eligible for support do not have adequate means of living. Maintenance usually covers the cost of living expenses. But this is not just a question of plaintiffs’ right to life.

The term “maintenance” is broad. The most appropriate and precise definition of Conservative Law in India is found in Section 3(b) of the Hindu Adoption Act, 1956, which states:

“In all cases food, clothing, housing, education, medical care and provisions for treatment. In the case of unmarried daughters, the reasonable costs of the affairs in marriage.” Established the duty of a man to support. The general meaning of maintenance is to support or maintain. The term mantainence is not defined in any religious group’s marriage law.

Purpose of maintenance Laws in India

The legal sense of the scope of the Maintenance Law is to fulfill a social purpose. These provisions are set out in Sections 125 to 128 of the Code of Criminal Procedure 1973, the Hindu Marriage Act 1955 and the Hindu Adoption Act 1956, Protection of Women from Domestic Violence Act 2005; Parental and Elderly Support and Welfare Act 2007;

Article 39 of the Constitution of India also states that national policies are directed, inter alia, to ensure that citizens, both men and women, have the right to an adequate livelihood and that children are provided with opportunities and opportunities to be healthy. Freedom and dignity are developed, and childhood and youth are protected from exploitation , moral and material abandonment.

REFUSAL ON NEGLECT TO MAINTAIN

It is established that refusal or failure to maintain may be expressed or implied by word or through actions and actions. Denial and omission can be more than failure and omission. However, in the case of an unwilling person such as a child, mere negligence or negligence is considered refusal or failure to pay mantainence of child.

(1) While disposing of an application under sub sec. (1) of Sec. 12The magistrate may order the defendant to provide monetary compensation to cover the costs and losses suffered by the aggreived person and children of aggrieved persons as a result of domestic violence, and shall not be entitled to such compensation. includes but is not limited to: exclusive:

(a) loss of revenue; (b) medical expenses; (c) loss resulting from the destruction, damage, or removal of property under the victim’s control; (d) maintenance of injured persons and their children (if any), including orders made under or in addition to orders made under Section; Section 125 of the Code of Criminal Procedure 1973 (February 2, 1974) or any other law currently in force.

(2) Any financial relief granted under this section shall be reasonable, fair, reasonable, and consistent with the standard of living to which the victim is accustomed.

(3) Depending on the nature and circumstances of the case, the district judge will be empowered to order an appropriate lump sum or monthly child support.

(4) The Magistrate will send a copy of the monetary relief order under subsection (1) to the parties to the application and to the officer in charge of the local police station having jurisdiction over the area where the defendant resides.

(5) The defendant must pay the victim any relief granted within the period specified in the order under subsection (1).

(6) If the defendant fails to pay pursuant to an order under subsection (1), the magistrate shall direct the defendant’s employer or debtor to pay the wages or salaries to which the defendant is entitled or any part of the debt can do or due to the defendant’s credit, either paid directly to the victim or deposited with the court, the amount of which may be adjusted to match the financial relief payable by the defendant.

Landmark Judgement

In the case of Ambaram v. Reshambai

the court laid down that although the lot of women who enter into marriage without knowing about that there is another marriage existing of her husband, although deserve a sympathetic treatment yet awarding of maintenance U/S. 25 and if any appeal is to be made, it should be made to the legislature and no one else.

Chandaram Bunkar vs Smt. Ramadevi

AIR 2010 Raj 176 – quantum of Maintenance: Child support is allowed up to one-fifth of her spouse’s income. The husband received a salary of approximately Rs. 35,000/month and was provided with living expenses of Rs. 3,000/month. After her retirement, her husband received a provisional pension of Rs.15,115/- per month. The Family Court’s order to keep her Rs 3,000 in child support for her wife even after her husband’s retirement is not unjust.

Shobha Suresh Jumani Vs Appellate Tribunal

Forfeited property and another AIR 2001 SC 2288

Article 18 of the Hindu Adoption Act states that a Hindu wife is entitled to be raised by her husband throughout her life and if separated under Section 2, is entitled to be raised by her husband.

Gulam Rashid Ali Vs Kanshar Praveen

and another (2010) DMC 371 Delhi HC) Even Muslim divorced women are entitled to claim child support from their Muslim husbands until they are married. Article 125 is a benefit law, so the beneficiary must be paid to the divorced Muslim wife.

Maintenance according to different laws

Maintenance according to Hindu
Maintenance under Islamic
Maintained in accordance with Christian
Maintenance under Code of Criminal Procedure 1973.
Maintenance under Protection of women from Domestic violence Act, 2005.
The Maintenance and Welfare of Parents and Senior citizens Act, 2007