Section 24 of the Hindu Marriage Act talks about the maintenance that how a wife/husband can claim Interim maintenance. Only under the Hindu Marriage Act and Parsi Marriage Act both husband and wife can claim for the interim maintenance. In other statutes, only the wife can claim the Interim maintenance.
Who can claim maintenance under Hindu Adoption and Maintenance Act?
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
Who all are eligible for maintenance?
If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance. However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband.
What are the grounds under which a woman can claim maintenance from her husband under the Hindu law?
Maintenance under Hindu Laws
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
Who has right to maintenance from joint family property?
“Section 18 (4) – Where the husband is unable to provide for his wife, on account of physical disability, mental disorder, disappearance, renunciation of the world by entering any religious order or other similar reasons, the Hindu wife is entitled to claim maintenance during her lifetime, from members of the joint …
Can a working wife claim maintenance?
Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. …
What is maintenance under Hindu Adoption and Maintenance Act?
Maintenance of children and aged parents
Section 20 of the act states: A Hindu male or female is obligated to maintain their children whether they are legitimate or illegitimate. … An unmarried daughter shall be entitled to maintenance even after attaining the age of majority, till the day she gets married.
What is the legal maintenance?
The preservation of an asset or of a condition of property by upkeep and necessary repairs. A periodic monetary sum paid by one spouse for the benefit of the other upon separation or the dissolution of marriage; also called Alimony or spousal support.
Is paying child maintenance a legal requirement?
Parents have a legal responsibility to provide financially for their children even if they no longer live with them. … Child Maintenance Service (CMS) – This is a service run by the Government to arrange and collect child maintenance from the non-resident parent and pay it to the receiving parent if this is necessary.
Can wife claim in laws property?
However, the Supreme Court has ruled that a married woman has no right on the self-acquired property of her in-laws, as this property cannot be treated a shared property.
Can a Hindu wife claim maintenance if she leaves her home for purpose of adultery?
The sub-section reads, “No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.” The High Court dismissed the plea.
Is husband liable to maintenance if he is unemployed?
Even if Unemployed, the Husband has to Maintain his Wife and Child, Rules High Court. … The High Court said the earning capacity of a husband can’t be lost sight of & accordingly ordered a man to pay maintenance to his estranged wife.
What is Hindu law divorce?
The Hindu Marriage Act defines “Divorce as a Dissolution of Marriage”. … The innocent spouse can seek the remedy of divorce. Under the Hindu Marriage Act, the basic grounds on which the Hindu women can seek the remedy of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty etc.