Maintenance Under Family Law

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Maintenance Under Family Law Under family law Permanent maintenance is maintenance grated after the disposal of the contested divorce matter or mutual divorce or application for maintenance under section 125 of crpc or any other applicable act Provisions for alimony and maintenance under hindu law are already given above

Also children whose either of a parent is a Hindu Sikh Jains or Buddhist and are brought up under the same religion will also be considered as a Hindu and will be entitled to maintenance Under old Hindu law a Hindu male was under an obligation to maintain the following persons His wife Unmarried daughter Legitimate sons Illegitimate The Muslim woman files a case against her Husband claiming Maintenance under Section 125 of Code of Criminal Procedure The Court rejected the petition on the similar ground that she is entitled to get the Maintenance as per The Muslim Women Protection of Rights on Divorce Act 1986 Maintenance of Wife under Hindu and Muslim Law Comparison

Maintenance Under Family Law

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The principles of maintenance under Muslim law are based on the financial incapacity of the person claiming maintenance and the economic capacity of the obligor to provide it Maintenance Under Christian Law Under the Indian Divorce Act 1869 maintenance can be claimed by a wife during her lifetime or until she remarries A person may sue for maintenance under s 125 of Cr P C If a person has already obtained maintenance order under his or her personal law the magistrate while fixing the amount of maintenance may take that into consideration while fixing the quantum of maintenance under the Code But he cannot be ousted of his jurisdiction

Maintenance Under Various Laws Muslim Law Maintenance is called nafaqa under Muslim law It was introduced to support those people who can t maintain themselves It includes the basic requirements like food clothing shelter education and other necessities of life The main principles of maintenance may be as follows Under the old textual law the following relations were entitled to claim maintenance 1 Wife 2 Minor children 3 Unmarried daughters 4 Aged parents I MAINTENANCE OF WIFE Either the wife or the husband may request interim maintenance under Section 24 of the Hindu Marriage Act of 1955 hence referred to as the HM Act

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Principles and Acts governing maintenance Joint family has been a significant feature of the Hindu society since Vedic ages In a joint family it is the duty of the male members to earn money and provide for the needs of other members of family such as women children and aged parents Maintenance of wife under Hindu Law S 3 b i of The term Maintenance has also been defined under Section 3 b of the Hindu Adoption and Maintenance Act 1956 It includes provision for food clothing shelter and basic needs such as education and medical expenses Under Hindu Law Maintenance can be Claimed Under Two legislations The Hindu Adoption and Maintenance Act 1956

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