MAINTENANCE UNDER HINDU LAW

From a legal perspective, maintenance refers to the type of financial support provided to one of the parties to a lawsuit upon their request, and only in accordance with an order issued by the court with jurisdiction over the matter and following the execution of a decree in that regard.

It is frequently referred to as “alimony” or “spousal assistance,” which is another term for financial support from the husband. On the other hand, maintenance is the act of covering the costs or lessening the load of the spouse whose financial situation is materially altered by the divorce order.

Types of maintenance under hindu law

The types of maintenance under hindu law are as follows:

• Permanent Maintenance: As the name implies, it relates to the awarding of a sum either continuously or on a periodic basis once the proceedings have been resolved. Hindu Marriage Act of 1955, Section 25. It is entitled to be received by either spouse.
  
• Temporary Maintenance:It is also known as maintenance pendente lite, as the courts provide it while the divorce case is still pending. The goal is to cover the spouse who is a party to the proceedings’ immediate and essential expenses. If satisfied, the court might award it. This type of support is covered under Section 24 of the Hindu Marriage Act of 1955, may also be asserted in accordance with maintenance of wife under crpc Section 125(1).

Section 25: maintenance under hindu marriage act

• “Permanent Maintenance” is the term used to describe the maintenance that is awarded indefinitely following the conclusion of the divorce or separation proceedings.
  
• Section 25 for maintenance under hindu marriage act, 1955 states that the applicant, who may be either the husband or the wife, is entitled to maintenance from the spouse for a period of time that does not exceed the applicant’s lifetime or until the applicant remarries. Maintenance may be received in the form of a gross sum or a monthly sum.

Section 125:maintenance of wife under crpc

A magistrate may, for maintenance of wife under crpcin accordance with Section 125, order someone to provide maintenance if, in spite of having enough money, they fail or refuse to provide for the following individuals:

• Unable to support oneself, a wife (including one who is divorced and not remarried)
  
• A minor child of his or her, married or not, that is incapable of supporting themselves
  
• His or her legitimate or illegitimate child (who is not a married daughter) who has reached adulthood; if the child is unable to support herself due to a physical or mental impairment or injury;
  
• Married daughter until she reaches adulthood if her husband is able to provide for her;
  
• His or her mother or father, unable to support themselves

Section 25 Case Laws: maintenance under hindu marriage act

• In the case of Ambaram v Reshambai, the court determined that although many women married without being aware of their husbands’ previous marriages, they nevertheless deserved to be treated kindly and awarded maintenance under Section 25. If an appeal was necessary, the legislature should hear the case.
  
• In the case ofRaj Kishore Mishra v Meena Mishra, the Allahabad High Court ruled that a father-in-law’s responsibility is unenforceable if he lacks the resources to support his daughter-in-law from any coparcenary property that he owns but which she has not received any share.

Section 125 Case Laws:maintenance of wife under crpc

• In the Vijaya Manohar v Kashirao Rajaram case,it was decided that, in addition to a son, a daughter, married or single, who has the resources to support her parents in their incapacity to do so is also liable under Section 125 CrPC.
  
• In the Bakulabai v Gangaramcase,it was decided that a child born out of a void marriage between a man and a woman who are already married should be considered a legitimate child for maintenance purposes under Section 125 CrPC.

The court rulings have made it very clear that Indian courts are becoming more liberal in their decision-making when it comes to maintenance matters. The primary query is whether or not an unmarried partner of a married partner should be eligible for maintenance.A legally married woman is the only one who is able to request support, despite the fact that decisions made under the personal laws seem to indicate otherwise. This is made abundantly plain by judicial rulings under Section 125 CrPC.

maintenance under hindu lawincorporates the moral and ethical principles that govern Hindu culture. Symbolizing the principles of empathy, transparency, and unity in society, it ensures that those who are vulnerable are protected and supported within the family structure. Maintenance laws promote the peaceful existence of families and society at large by maintaining the principles of justice and equity.

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