• lawyer for maintenance
    Maintenance is the right of the children and spouse who is unable to maintain herself
  • lawyer for maintenance
    Maintenance can not be granted for wife who is earning
  • lawyer for maintenance
    Court will order to pay Maintenance for child from both earning parents

Maintenance of Wife, Children and Parents

Child maintenance is based on the principle that both parents are obliged to financially support their children. When parents are not living together, courts often order interim / permanent maintenance to be paid by earning parents to the child and from earning spouse to non-earning spouse.

Maintenance Under-Hindu Law:

Under S.24 of Hindu Marriage Act, 1955 (herein after mentioned as HM Act), either the wife or husband can apply for maintenance and interim maintenance. The basis of the claim for maintenance is that the claimant has no independent income of his/her own to support himself/herself.

18. Maintenance of wife- (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.

19. Maintenance of widowed daughter-in-law

Maintenance of Children and Parents - Hindu Law:
U/s 20 of the The Hindu Adoptions and Maintenance Act, 1956 (HAMA) a Hindu during his/her lifetime shall maintain his/her legitimate or illegitimate children and aged or infirm parents.

Maintenance Under- Muslim Law :

Maintenance under Muslim law is known as "Nafqah". "Nafqah" basically the minum needs of wife such as includes food, clothing and lodging.

Maintenance Under - Parsi law

The Parsi Marriage and Divorce Act, 1936 recognizes the right of wife to maintenance-both alimony pendente lite and permanent alimony. However the husband doesn’t have the same rights under the said Act.

Maintenance Under - Christian law

The Indian Divorce Act, 1869 governs maintenance rights of a Christian wife. The Indian Divorce Act, 1869 recognizes the right of only wife to maintenance-both alimony pendente lite (during pendency of a suit) and permanent alimony. However the husband doesn’t have the same rights Under the said Act.

Maintenance under Section 125 of Criminal Procedure Code (Cr.PC)

Although right to maintenance forms a part of the personal law, but in order to protect women and children and provide a swift and cheap remedy against neglect and refusal to maintain, a secular safeguard irrespective of personal laws of the parties was necessary. With this intention Sec. 125 was inserted in the Cr.PC.

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