Meaning of Maintenance under Hindu Law
Under Hindu Law, maintenance refers to the financial support provided by one person to another who is unable to support themselves financially.
Maintenance is a statutory right under Hindu law, and failure to provide maintenance can result in legal consequences such as payment of arrears, fines, and imprisonment.
The purpose of maintenance is to ensure the welfare of the person entitled to maintenance and to prevent them from being left destitute or dependent on others.
Maintenance for Wife
A Hindu husband is obligated to provide maintenance to his wife under Section 18 of the Hindu Adoptions and Maintenance Act, 1956. The wife is entitled to receive maintenance even if she is earning or has sufficient means to support herself.
Maintenance for Children
Both parents are obligated to provide maintenance to their children under Section 20 of the Hindu Adoptions and Maintenance Act, 1956. The obligation continues until the child reaches the age of majority or becomes self-sufficient.
Maintenance for Parents
A Hindu son or daughter is obligated to provide maintenance to their parents if they are unable to support themselves. This obligation arises under the Hindu Adoptions and Maintenance Act, 1956, as well as under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Quantum of Maintenance
The amount of maintenance varies depending on various factors, such as the financial status of the person who is providing the maintenance, the standard of living of the person who is receiving the maintenance, and the number of dependents. The maintenance awarded should be reasonable and sufficient to meet the basic needs of the person who is receiving it.
Modification of Maintenance
The amount of maintenance can be modified based on changes in the financial status or circumstances of the parties involved. The person receiving maintenance can also seek an increase in the amount of maintenance if it is not sufficient to meet their basic needs.
Enforcement of Maintenance
The person who is entitled to receive maintenance can approach the court to enforce the maintenance order. The court has the power to attach the property or assets of the person who is obligated to pay maintenance, and can also order for the deduction of the maintenance amount from the person’s salary or income.
