MAINTENANCE  From any coparcenary property in his
Four different types of provisions regarding
maintenance-
Provisions under Code of Criminal procedure,1973
Under hindu marriage act,1955
Under Hindu adoptions and maintenance act,1956
Under the protection of women from the domestic
violence act
“in all cases, provisions for food, clothing, residence,
education and medical attendance and treatment, in the
case of an unmarried daughter, also the reasonable
expenses of an incident to her marriage.”
These have right to claim maintenance-
Maintenance of wife
Maintenance of widowed daughter-in-law
Maintenance of Children and Aged Parents
Maintenance of Dependents
Amount of Maintenance
MAINTENANCE OF WIFE (SEC 18)
 A hindu wife shall be entitled to be maintained
by her husband during her life time.
 While living with her husband
 Wife eligible for maintenance when living
separately
 If he is guilty of desertion
 Cruelty
 Incurable disease
 Bigamy
 With concubine
 Ceased to be hindu
 Any other cause after satisfying court
When wife is not entitle to maintenance
She is unchaste(adulty)
Ceases to be hindu
 Only for legal married wife
 Void cannot claim
 Live in relationship cannot claim
 Failure to maintain under sec 18 is not a valid
ground of divorce
 If decree passed under sec 18 and sec 125 of
crpc, and husband fails to maintain in 1 year and
no cohabitation for 1 year makes valid ground
for divorce under sec 13 of hindu marriage act
MAINTENANCE OF WIDOWED DAUGHTER-IN-
LAW (SEC 19)
 If she has no property, didn’t even get from her
husband, father, mother, children and unable to
maintain herself
 Then she can claim from father in law
 Only if he has sufficient means
possession, daughter has not got any share in
that
 If she remarries, not eligible
MAINTENANCE OF CHILDREN AND AGED
PARENTS (SEC 20)
Both male and female is bound to maintain
His or her legitimate or illegitimate children
Unmarried daughter
Aged parents
If they are unable to maintain, nor has property
DEPENDENTS (SEC 21)
Dependants of deceased to claim from the heir of
deceased
Father
Mother
Widow
Son, grandson, great grandson
Unmarried daughter, granddaughter, great
granddaughter
Widowed daughter, not getting maintenance from her
husband
Widow of deceased son or grandson, doesn’t remarry,
not getting maintenance
Illegitimate son of deceased, minor
Illegitimate daughter , unmarried
MAINTENANCE OF DEPENDENTS (SEC 22)
Heir of deceased are bound to Maintain dependants
from inherited property
If dependant has not got share by will or testamentary
then he can claim from who got it
Who got will pay according to share they got
If got property is not enough for them, not bound to pay
AMOUNT OF MAINTENANCE (SEC 23)
For Wife, children and aged parents, first consider
 The position and status of the parties
 The reasonable wants of the claimant
 If living separately, has justified grounds
 Value of claimant’s property, earning resources
 Number of dependants
When determining maintenance for dependents (sec 21)
 Value of estate after paying debts
 If will is made , rest will be given to dependants
 Degree of relationship
 Reasonable wants of the dependant
 Past relation between the dependant and deceased
 Dependant’s value of property and income resources
 Number of dependants