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MAINTENANCE

Meaning:The right to be maintained by the husband under certain circumstances as defined

under various personal laws. The procedures and practices under the law of maintenance

have been discussed below:

I. UNDER CRIMINAL LAW

Applicable Law:Section 125 to 127, ode of riminal !rocedure "r!#. $usband or

son re%uired to pay maintenance.

To whom:&eglected wives, children and parents. 't is applicable to all 'ndians "with

restrictions under (uslim )aw# and can be resorted to irrespective of remedies under

the personal laws

Restrictions under Muslim Law:an apply for maintenance under Section 125 of the

r! only if the husband agrees to invo*ing this provision instead of being governed

by the (uslim +omens -ct, 1/0. efore proceeding under the r! a oint -ffidavit

has to be filed that both agree to be governed by the r!.

Accrual of the right:

"i# The person you are claiming maintenance from has 3sufficient means4. The court

has interpreted this to mean that the husband should be healthy enough to wor* and

earn a living.

"ii# The person has refused to maintain you or has neglected to do so.

"iii# The wife is unable to sustain herself.

Enhancement of maintenance under CrPC: -n application for an increase in the sum

granted as (aintenance can be filed under Section 127, r!. 't will be granted by

the court only in cases of change in circumstances.

II. UNDER CIVIL LAW:

HINDUS:

"i# The $indu -doption and (aintenance -ct, 150 "Section 1/26#:

nder this act even if you have not filed for 8udicial separation or divorce you can

claim maintenance from the husband on the grounds of cruelty, desertion without

consent, neglect, another spouse or mistress, conversion of religion by the husband.

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-fter the death of the husband $indu wife is entitled to be maintained by fatherin

law. The %uantum of maintenance can be decided on the social status, reasonableneeds of the wife.

"ii# $indu (arriage -ct, 155 "Section 2925#

This section contemplates two situations in which maintenance can be claimed.

!ermanent (aintenance or -limony which is granted at the conclusion of the the

legal proceedings between husband and wife. -limony pendente lite i.e. pending a

suit under the -ct.

CHRISTIANS , PARSIS AND SPECIAL MARRIAGES

hristians: "i# 'ndian ivorce -ct, 1/0 "Section ;0;7#

!arsis: "ii# The !arsi (arriage and ivorce -ct, 1;0 "Section ;96#

S.(.- "iii# Special (arriage -ct, 159 "Section ;0;7#

The maintenance provisions are similar to that of the $indus for permanent alimony and

alimony pendente lite.

MUSLIMS