Maintenance For Hindus Under Indian Legal System | 4 Types Of Maintenance Can Be Claimed | The National TV

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The term maintenance means to provide food shelter clothes to the person who is unable to maintain herself.

Under the Hindu law there are four types of maintenance that can be claimed: 

1- Maintenance under Section 125 Crpc

2-maintenance under Hindu marriage act,1955

3-maintenance under Hindu maintenance and adoption act 1956

4- under the domestic violence Act 2005

 


Under Section 125Crpc. 

Any person who has sufficient  means neglects or refuses to maintain her wife who is unable to maintain herself such woman can claim maintenance under section 125 crpc

 

In Chanmuniya V. Virendra kushwaha

It has been held that second wife or a woman whose marriage is void cannot claim maintenance

 

Hindu adoption act 1956

Here husband is duty-bound to protect her wife. She has a right to get maintained even if she is living separately and claim maintenance on the following grounds 

1- If husband is guilty of desertion 

2- guilty of cruelty

3- suffering from leprosy

4 - keeping another wife living

5- ceased to be Hindu

 

Maintenance of widowed daughter if a husband has died the widow can claim maintenance from her father only upon two condition

First,if she cannot maintain herself and has no earning or estate pf father,mother,son and daughter

 

Hindu marriage act,1955

Maintenance can be claimed by either of the houses but can only be claimed after judicial separation or divorce

 

Protection of woman from domestic violence act,2005

This is a specific remedy for a woman who is a victim of domestic violence for that there must be violence in a shared household 

 

 

The distinction between maintenance under Hindu adoption and maintenance act, Section -125 Crpc

and maintenance under the Hindu marriage act

1-In the former one only wife can claim maintenance but in the latter either spouse can claim it.

2-in the former one wife can claim maintenance and can live separately without subsisting their marriage but in the latter one maintenance  can be claimed after judicial separation or divorce

3- in the former one maintenance can be claimed only invalid marriage but in the latter one it can be claimed also in the void marriages 

 

 

 

 

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