What is Maintenance?
Maintenance is no where defined in legal sense but the actual meaning of maintenance in law is a financial assistance to the dependents who are not in position to arrange food, clothing, education and medical attendance & treatment etc.
Object of Maintenance.
The provisions of Maintenance act are intended to fulfill a social purpose. The object of provisions of maintenance is to compel a man to perform the moral obligations, which he owes to the society in respect of his wife, children and parents. By provisions a simple and speedy but limited relief, These provision seek to ensure that the neglected wife and children are not left beggared and destitute on the scrapheap of society and there by driven to a life of vagrancy, immorality and crime for their subsistence.
Type of Maintenance.
- Ad Interim Maintenance: Ad Interim Maintenance is a maintenance which is given to the petitioner by the respondent (other party) on the order of the court, at the very early stage, without going into the merits of the case, before passing the order on interim maintenance or final maintenance, only if when the petitioner shows prima facie that he/she is not able to survive/maintain on her/his own.
- Interim Maintenance: Interim Maintenance is a maintenance which is given to the petitioner by the respondent (other party) on the order of the court after analyzing the income & assets and expenses of both the parties before going to the evidence stage of the case.
- Final Maintenance : Final Maintenance is a maintenance which is given to the petitioner by the respondent (other party) on the order of court at the final adjudication of the case i.e., after analyzing all the material placed on record and after examining all the witnesses and final argument.
Who can seek maintenance under different provisions of law?
- Maintenance under section 125 of Code of Criminal Procedure. : Under this provision maintenance can be claimed by
- Wife who is unable to maintain herself can claim maintenance from her husband.
- Legitimate or illegitimate minor Children (whether married or not, unable to maintain itself) from its parents.
- Legitimate or illegitimate major child (not being a married daughter) and unable to maintain him/herself by reason of physical or mental abnormality or injury.
- Father or mother, unable to maintain him self or herself from his/her child.
- Maintenance under sec 24 & sec 25 of Hindu marriage Act, 1955: This is a gender-neutral provision under which both husband and wife can seek maintenance from each other depending upon who has no independent income sufficient for his or her. Under sec 25 of HMA, 1955, Court has power to grant permanent maintenance.
- Maintenance or Monetary relief under sec 20 of Protection of Woman from Domestic Violence Act, 2005: Under this provision the maintenance can be claimed by a woman aggrieved by domestic violence and the child of that aggrieved person woman may also claim maintenance.
- Maintenance and welfare of parents and senior citizen Act, 2007 : Under Sec 4 & 5 of this Act, Parents and senior citizens are entitled to claim maintenance against the children (includes son, daughter, grand son and grand daughters but not minors) or relatives (means legal heirs who would inherit the property of childless senior citizens).
- Hindu Adoption and Maintenance Act, 1956 : Under sec 18 of this Act, a hindu wife can claim maintenance from her husband, a hindu daughter in law can claim maintenance from father in law, if she is unable to maintain herself, Children and old aged inform parents can also claim maintenance here from his/her parents and child, as the case may be.\
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