Lawyers for Maintenance of Wife, Children and Parents

Maintenance for Wife

Maintenance under Section 125 of Criminal Procedure Code (Cr.PC)

Although right to maintenance forms a part of the personal law, but in order to protect women and children and provide a swift and cheap remedy against neglect and refusal to maintain, a secular safeguard irrespective of personal laws of the parties was necessary. With this intention Sec. 125 was inserted in the Cr.PC.

Section 20 in The Protection of Women from Domestic Violence Act, 2005

20. Monetary reliefs.—

• While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
  • the loss of earnings;
  • the medical expenses;
  • the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
  • the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
• The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
• The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
• The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.
• The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section (1).
• Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Maintenance For Child

Child maintenance is based on the principle that both parents are obliged to financially support their children. When parents are not living together, courts often order interim / permanent maintenance to be paid by earning parents to the child and from earning spouse to non-earning spouse. Under Section 125 of CRPC and also Under Section 20 of DVC.

Maintenance Under-Hindu Law:

Under S.24 of Hindu Marriage Act, 1955 (herein after mentioned as HM Act), either the wife or husband can apply for maintenance and interim maintenance. The basis of the claim for maintenance is that the claimant has no independent income of his/her own to support himself/herself.

18. Maintenance of wife- (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.

19. Maintenance of widowed daughter-in-law

Maintenance of Children and Parents - Hindu Law:
U/s 20 of the The Hindu Adoptions and Maintenance Act, 1956 (HAMA) a Hindu during his/her lifetime shall maintain his/her legitimate or illegitimate children and aged or infirm parents.

Maintenance Under- Muslim Law :

Maintenance under Muslim law is known as "Nafqah". "Nafqah" basically the minum needs of wife such as includes food, clothing and lodging.

Maintenance Under - Parsi law

The Parsi Marriage and Divorce Act, 1936 recognizes the right of wife to maintenance-both alimony pendente lite and permanent alimony. However the husband doesn’t have the same rights under the said Act.

Maintenance Under - Christian law

The Indian Divorce Act, 1869 governs maintenance rights of a Christian wife. The Indian Divorce Act, 1869 recognizes the right of only wife to maintenance-both alimony pendente lite (during pendency of a suit) and permanent alimony. However the husband doesn’t have the same rights Under the said Act.