Caveat India

Maintenance under Hindu Adoptions and Maintenance Act

Maintenance under Hindu Adoptions and Maintenance Act

 Maintenance under Hindu Adoptions and Maintenance Act can be filed under sections 18 and 20 of the said Act . There are 3 provisions under which a  Hindu wife  can file for maintenance .

  1. under Section 18 of the Hindu Adoption and Maintenance Act, and a son under Section 20 of the Hindu Adoption Act and Maintenance Act,
  2. under Section 24 and 25 of the Hindu Marriage Act, 1955 and
  • thirdly under Section 125 Criminal Procedure Code., 1973 and under Section 125 Criminal Procedure Code.

Provisions under Section 18 of the Hindu Adoption and Maintenance Act, and a son under Section 20 of the Hindu Adoption Act and Maintenance Act,

Section  18. Maintenance of wife-Maintenance under Hindu Adoptions and Maintenance Act

–(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.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claims to maintenance,––

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her ;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband ;

(c) ******

(d) if he has any other wife living ;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere ;

(f) if he has ceased to be a Hindu by conversion to another religion ;

(g) if there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or cease to be a Hindu by conversion to another religion.

 

  1. Maintenance of children and aged parents.–Maintenance under Hindu Adoptions 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.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.

Explanation :—In this Section “parent” includes a childless step-mother.

 Court fees applicable under Section 18 and 20 of the Hindu Adoptions and Maintenance Act,

 

Court fees applicable under Section 18 and 20 of the Hindu Adoptions and Maintenance Act,

The Hon’ble High Court of Delhi in Mat. App. (F.C.) 115/2020, dated  12th October, 2023 , Master Aditya Vikram Kansagra & Anr versus Mr. Perry kansagara  has held that such  proceedings  are not Suits and fixed Court Fee of Re. 1.25p would be payable.

 Important Judgments –

In Karbhari Vithoba vs. Anusuya Karbhari AIR 1958 Bombay 425, 

Division Bench of the Hon’ble High Court of  Patna in Srikant Chand vs. Mt. Ram Mohini AIR 1959 Pat 186 .

Proper Fees -One rupee twenty   five naye paise

Conclusion

The Provision  for Maintenance under Hindu Adoptions and Maintenance Act specifically under sections 18 and 20 are one of the 3 options , in fact all 3 can be availed for maintenance of wife and children .

For more information for filing a petition under Section 18 and 20 of the Hindu Adoptions and Maintenance Act you may click here.

You may also call at 9873628941 for filing a petition under Section 18 and 20 of the Hindu Adoptions and Maintenance Act,1956

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