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Right to Maintenance of Parents under Indian Law
Maintenance is a vital component of family law in India. It is defined as the provision of financial support to one's spouse, children, or other dependents. This can include both monetary and non-monetary forms of support, such as providing food, clothing, shelter, education, and medical care. Under the Indian legal framework, both parents have the right to claim maintenance from the other parent. This right is established under several laws including the Hindu Adoptions and Maintenance Act, 1956 (HAMA), the Guardians and Wards Act, 1890 (GWA), the Hindu Marriage Act, 1955 (HMA), and the Indian Divorce Act, 1869 (IDA).
The Hindu Adoptions and Maintenance Act, 1956 is the primary legislation governing maintenance claims in India. It defines maintenance as the provision of food, clothing, residence, education and medical attendance and treatment for a Hindu wife, children and aged parents. It places an obligation on the husband to provide maintenance to his wife, children and aged parents. The Act also provides that a wife can claim maintenance in case of desertion, neglect or any other circumstances which render her unable to support herself. A maintenance claim can also be made by the father on behalf of the minor children or aged parents who are unable to support themselves.
The Guardians and Wards Act, 1890 is another important piece of legislation governing maintenance claims in India. It provides that a guardian of a minor child can make a claim for maintenance on behalf of the child. The Act also provides that any person who has assumed the responsibility of looking after a minor child can also make a claim for maintenance on behalf of the child. Furthermore, the Act places an obligation on the court to make necessary orders for the maintenance of a minor.
The Hindu Marriage Act, 1955 is the primary legislation governing marriage and divorce in India. It provides for the rights and duties of a husband and wife with respect to maintenance. It states that the husband must provide maintenance to his wife, including food, clothing, residence, education and medical treatment. Additionally, the Act provides that a wife can claim maintenance in case of neglect or desertion by her husband. The Act also provides for the appointment of a guardian for a minor child and the making of orders for the maintenance of the child.
The Indian Divorce Act, 1869 is the primary legislation governing divorce in India. It provides that a husband can be ordered to provide maintenance to his wife, if the wife is unable to maintain herself. Additionally, the Act states that a wife can claim maintenance in case of neglect or desertion by her husband. The Act also provides for the making of orders for the maintenance of a minor child. In conclusion, both parents have the right to claim maintenance under the Indian legal framework.
The Hindu Adoptions and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Hindu Marriage Act, 1955 and the Indian Divorce Act, 1869 provide for the rights and duties of a husband and wife with respect to maintenance, and for the making of orders for the maintenance of minor children. The laws also provide for the appointment of guardians for minor children, and for the making of orders for the maintenance of aged parents. Thus, it is clear that both parents have the right to claim maintenance under Indian laws.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.