What do you mean by maintenance in Hindu law?

Maintenance is the financial support that a husband needs to pay to his wife. when she is unable to sustain financially on her own. during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum.

What do you mean by maintenance under Hindu law?

Introduction. “Maintenance” is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. Various laws governing maintenance are as follows: for Hindus – Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956.

What do you mean by maintenance in law?

Maintenance in law is defined as the amount which is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly instalments.

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Who can claim maintenance in Hindu law?

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

What is maintenance under Hindu Adoption and Maintenance Act?

Maintenance of children and aged parents

Section 20 of the act states: A Hindu male or female is obligated to maintain their children whether they are legitimate or illegitimate. … An unmarried daughter shall be entitled to maintenance even after attaining the age of majority, till the day she gets married.

What do you mean by maintenance?

The work of keeping something in proper condition, care or upkeep including: taking steps to avoid something breaking down (preventative maintenance) and bringing something back to working order (corrective maintenance).

What is maintenance and its provisions?

Maintenance is the financial support that a husband needs to pay to his wife. when she is unable to sustain financially on her own. during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum.

Is maintenance a civil or criminal?

It was further held that the order of maintenance may be enforced as a money decree of a civil court as provided by various provisions of the CPC, including provisions for civil detention, attachment of property, etc., more particularly provided in relevant provisions therein.

What are the types of maintenance?

Generally, there are six main maintenance strategies:

  • Reactive (run-to-failure)
  • Predetermined maintenance.
  • Preventive maintenance.
  • Corrective maintenance.
  • Condition-based maintenance.
  • Predictive maintenance.
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Who all are eligible for maintenance?

(a) wife, (b) children, (c) parents, they can claim maintenance by filing an application before the Magistrate.

Can husband ask for maintenance from wife?

Legal provisions

The provision of husband’s right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. … For example, in the case of mutual consent divorce, if the parties agree not to claim Maintenance, the court can grant Maintenance according to the case’s circumstances and facts.

What is maintenance of wife?

Generally, Maintenance is the amount which the husband pays to his wife after divorce or the amount which the family member of the husband pays to the widow of their son. Maintenance includes basic necessities like: Food, Shelter, Clothing etc. The necessary thinks and comfort which a rational man expected to get.

What is permanent maintenance?

Permanent Maintenance- As the term suggests, it refers to the granting of a sum on a periodical basis or on a continued basis once the proceedings have been disposed of. Section 25 of Hindu Marriage Act, 1955. Either of a spouse is entitled to receive it.

Who can claim maintenance under Hindu Adoption 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.

Can wife claim maintenance from father in law?

Law explained. Bombay High Court: Nitin W. Sambre, J., while addressing a petition with regard to grant of maintenance held that under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wife has every right to claim the maintenance after the death of the husband from the estate inherited by her father-in-law.

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Can daughter in law claim maintenance from mother in law?

Mother-in-law, who is aged and has no source of income, is entitled to claim maintenance from her daughter-in-law.