Chapter 1

Introduction to the Research Monogram

1.1 Introduction
The right of maintenance arises from the concept of an undivided family. The head of such a
family is bound to maintain its members, their wives and their children. All members of a joint
family, whatever be their status and whatever be their age, are entitled to maintenance. A text of
Mann cited in the Mitakshara and the Parasara Madhavya lays down, "It is declared by Mann that
the aged mother and father, the chaste wife, and an infant child must be maintained even by doing
a hundred misdeeds. Under Hindu law, a person has personal obligation to maintain his wife,
children and aged and infirm parents. It arises from the very nature of the relationship and exists
whether he possesses any property or not. The right of maintenance under Hindu law is very old
and it was one of the basic necessities of the joint family system. According to my understanding
the maintenance of the women in the joint family system was an important system and this was
followed as a tradition which governed the families. It was the obligation of the head of the
family to look after the women of the family i.e. their wives and their daughters until they were
married. Later when the women grew older it was the duty of their children to mother and other
old women of the family. The unchastity on part of the women disentitled them to maintenance.
Their remarriage ended the claim and the amount of maintenance depended upon various factors
like the status of the family, necessary requirements, wants, age, and etc.1

1.2 Justification of the study

It has been Hindu adoption and maintenance Act 1956 introduced some more precise provisions
in a polished manner. Now it is called Hindu adoption and maintenance Act 1956.. Here it is2
extensively modified and enlarged. One includes short title, definition and supremacy of the Act,
second is about punishments for perpetrators and third is about trial, procedure, investigation,
cognizance, jurisdiction, appeals etc.

1
Sree. Mridul Kanti Rakshit p. 347; 6th ed. 2008
2
State Human Rights 1995 of Bangladesh, Bangladesh Manbadhika Somonnoy Parishad;

1
1.3 Objectives of the Study

1. To observe the Investigation Procedure & Trial under this Act.

2. To investigate the purpose of this Act.
3. To evaluate the crime address through this Act.
4. To Know Hindu adoption and maintenance Act.
5. A government lawyer who provides free legal defense services to person charged with a
crime who are unable to pay for a lawyer.
6. The find out of this Act.

1.4 Research Methodology

Secondary method observed through this research. Such as books of different writers, Journals,
Newspapers and Internet.

1.5 Scope of the study

The right of maintenance under Hindu law is very old and it was one of the basic necessities of
the joint family system. According to my understanding the maintenance of the women in the
joint family system was an important system and this was followed as a tradition which governed
the families. It was the obligation of the head of the family to look after the women of the family
i.e. their wives and their daughters until they were married. Later when the women grew older it
was the duty of their children to mother and other old women of the family.

1.6 Limitations
Time: I had to complete this dissertation writing within a shorter period of time. So the time
constraint of the study hindering the course of vast area and time for preparing a dissertation
within the mentioned period is really difficult.
Resources: I could not be collected sufficient information for the limitation of book and library.
Theological Problem: Theological Problem is so much important to mention hear. Because for
the limitation of theory a research cannot be complete suitably.

2
1.7 Conclusion:
Two-fold liability for maintenance: Under Hindu Law the liability of a Hindu to maintain
others arises in some cases from the mere relationship between the parties, independently of
the possession of any property. In other cases, it depends altogether on the possession of
property. The first liability may be called personal liability or absolute liability or liability on
account of relationship and the second is liability limited by the possession of ancestral or
other property.

3
 Chapter 2
Maintenance of wife widow and daughter in Law Hindu In
Bangladesh
2.1 Introduction
According to Section 3 of the Hindu adoptions and maintenance act 1956 defines that
maintenance in all cases provision for food, clothing, residence, education and medical
attendance and treatment for the members and in the case of an unmarried daughter, also the
reasonable expenses of an incident to her marriage. It is a right to get the necessities which
includes other necessary expenses for physical and mental well being of a minor, according to
his status in the society and educational expenses. It does not rest upon contract. It is a liability
created by Hindu Law and arises out of jural relations of the parties. The relief of maintenance is
considered an ancillary relief and is available only upon filing for the main relief like divorce,
restitution of conjugal rights or judicial separation etc. The obligation to maintain besides being
statutory in nature is also personal in the sense that it arises from the very existence of the
relationship between parent and the child. The obligation is absolute in term and does not depend
on the means of the father or the mother.3
2.2 Nature and extend of Maintenance
The right of maintenance is a personal right and cant be transferred nor can be attached. The
right of maintenance cannot be defeated by gift. Under Hind law the liability of a Hindu to
maintain other arises in some cases from the mere relationship between the parties independently
of the possession of any property. In other cases it depends altogether on the possession of
property. The first liability called personal liability or absolute liability. And the second is
limited liability.4
2.3 Liability for Maintenance
Two-fold liability for maintenance: Under Hindu Law the liability of a Hindu to maintain
others arises in some cases from the mere relationship between the parties, independently of
the possession of any property. In other cases, it depends altogether on the possession of
property. The first liability may be called personal liability or absolute liability or liability on

3
Dr. A.B.M. Mofijul Islam Patwary p. 118-119; 6th ed. June, 2015
4
Sree. Mridul Kanti Rakshit p. 347; 6th ed. 2008

4
account of relationship and the second is liability limited by the possession of ancestral or
other property.
a) Personal Liability or Absolute Liability: -
The obligation of a Hindu to maintain his relations is personal in character and arises from the
very existence of the relation between the parties. According to the pre-Act law a Hindu was
under a legal obligation to maintain wife, minor sons, unmarried daughters, and aged parents. The Act
has not brought about any change in this respect except that the illegitimate daughter and
widowed daughter-in -Law also to be maintained by the father and father-in-law, respectively
with certain conditions laid down in the Act. Under personal liability a Hindu is bound to
maintain the following persons-
b) Limited Liability
This heading may be sub-divided into three parts according to liability of different persons to
maintain others:
i. Liability of Manager: The manager of a Hindu joint family governed by Mitakshara law is
under a legal obligation to maintain all male members of the family, their wives and
their children. On the death of any one of the male members he is bound to maintain the
deceased's widow and children. The obligation to maintain these persons arises from the
fact that the manager is in possession of the family property.
ii. Liability of heirs: An heir is legally bound to provide out of the estate which descends to
him, maintenance for those persons whom the late proprietor was legally or morally bound
to maintain because the estate is inherited subject to the obligation to provide for such
maintenance.
iii. Liability of the Government: The obligation to maintain extends even to the Government
when the Government takes estate by forfeiture or escheat. 5
2.4 Personal or absolute liability
Hindu adoption and maintenance Act 1956 has given a clear concept of maintenance to the
Hindu members where there is no lackness in distributing the right to maintenance among the
male and female members of a joint family. a Hindu is under a legal obligation to maintain his
wife, minor sons, unmarried daughters, and aged parents. They are as follows-

5
Ararwal p. 117-, 12ed.

5
2.5 Maintenance of legitimate and illegitimate son
Section-20 Hindu adoption and maintenance Act 1956 states that both a Hindu father and mother
are also under a legal obligation to maintain their son. Son whether legitimate or illegitimate and
whether adopted or natural born can claim maintenance from either of their parents till they
attains majority.6 Thus, maintenance to a child does not depend upon that childs legitimacy.
This right is now a statutory right which was not so before. A non-Hindu son of a Hindu family
is entitled to claim maintenance from his parents.7 The liability of the parents to maintain their
children as absolute and according to the court it cant be circumvented on the ground that such
duty arises only if the child surrenders to the protection and care of the parents ,such condition
cannot be imposed in awarding maintenance.8

1.1.1 Maintenance of legitimate and illegitimate daughter

A daughter whether legitimate or illegitimate can claim maintenance from her parents. But the
obligation of the parents to maintain them would be dependent on the fact that the daughters are
unable to maintain themselves by their own separate earnings and property. Daughters can claim
maintenance from their parents so long as they are unmarried, sub-section-3 of section- 20 Hindu
adoption and maintenance Act 1956.9 The liability of the father has no relation whatsoever to the
age of the daughter. If the father has taken a second wife and lives with her natural mother can
ask for maintenance which cannot be refused.10 Here maintenance to unmarried daughter is not
only her day to day expanses but also in respect of reasonable expanses of her marriage. There is
no obligation on the parents to maintain a married daughter but on her becoming widow the
obligation is revived and she can claim maintenance from her fathers property in the absence of
her own and husbands property.11

6
Agarwal p. 132-133. 12th ed.
7
B.M Gandhi. p. 471
8
Agrawala p. 133, 12th ed.
9
Dr. U.P.D. Kesari p. 178. 1st ed.
10
B.M Gandhi. p. 171
11
Kishore v. Nanak Chana in Delhi High Court.

6
2.6 Maintenance of Aged and infirm parents
Section-20(3) states the sons and daughters are under an obligation to maintain their aged and
infirm parents who are unable to maintain themselves out of their own property and earning.
Under the old Hindu law only the sons were under a legal obligation to maintain his aged
parents. Now this liability has been imposed upon the daughter also, probably because under
Hindu succession Act, 1956, daughter has also been given share in the property of the father.
Grandfather and grandmother dont come under the word `parent.12 The obligation extends not
only towards the real mother but also to a step mother. The liability to maintain ones real mother
or adoptive mother arises from the relationship itself and is not dependent upon the fact of
getting ancestral property. The word unable to maintain him or herself are not confined to
physical inability but include pecuniary inability. They mean inability to earn a complete
livelihood as an adult. Prostitution cant be treated as a means whereby a woman may maintain
herself. It has already been said that the persons claiming maintenance must be Hindu.13

2.7 Maintenance of wife

A Hindu wife gets two types of maintenance-
a. Maintenance; and
b. Separate Residence

a) Maintenance:- It is the right of a wife to be maintained by her husband during her lifetime
section-18(1) A Hindu husband is under a legal obligation to maintain his wife in section-(3)
Whether the husband possesses property or not is immaterial; the husband has to discharge this
legal obligation. This obligation of the husband is personal one independent of the possession of
the property, ancestral or self-accrued by him as long as her husband is alive. The wife is not a
dependant as defined under section-21and during that time she cannot claim to be maintained by
her relatives or by her the relatives of her husband, unless they have in their possession property
belonging to her husband. But where the husband is an indigent and pauper, he cant be
compelled to provide the maintenance allowance.14

12
Dr. U.P.D. Kesari p. 178-179, 5th ed. 2006
13
B.M> Gandhi. p. 471
14
B.M. Gandhi. p 466

7
b) Right of separate residence
A wifes first duty to her husband is to submit her obediently to his authority and to remain under
his roof and protection. As a rule a wife is not entitled to separate residence from her husband
unless she proves that by reasons of his misconduct or refusal to maintain her in his own place of
residence or other justifying cause, she is compelled to live apart from him. Where the wife
claims separate residence, the burden lies upon her to show the special circumstance (i:e) the
grounds mentioned in clauses (a) to (g)of section 18(2)of the Act. So in order to claim separate
residence and maintenance from the husband it is necessary for the wife that she had sufficient
ground as mention in the Act to claim separate residence. If she fails to establish any of those
grounds she cant succeed.15
A Hindu wife would be in title to separate residence without forfeiting her right to maintenance
if-
a) the husband is guilty of desertion, the husband without any reasonable justification or
without her consent or against her wishes abandons her or willfully neglects her
b) the husband has treated her with such cruelty as to cause a reasonable apprehension in her
mind that it will be harmful or injurious to live with her husband.
c) He is suffering from a virulent form of leprosy and any disease other than leprosy does not
fall under this grounds and even mere affliction of leprosy will not do as ground for claiming
separate residence and maintenance
d) He has any other wife living and the marriage must be a good marriage;
e) He Keeps a concubine in the same house in which wife is living or habitually resides with a
concubine elsewhere
f) He has ceased to be a Hindu conversion to another religion
g) There is any other cause justifying her living separately
When wife is not entitle to separate residence and maintenance
The wife does not remain entitled to separate residence and maintenance-
a) When she ceases to be Hindu by conversion
b) When she is unchaste
c) When she is living separate without any cause justifying the same

15
Agarwala p. 12-125. 12th ed.

8
d) When the separate living is by agreement between the husband & wife forfeits her claim for
maintenance.16

2.8 Maintenance of widow and widowed daughter- in- law

A widow of a deceased Hindu is entitled to maintenance from her husbands own and
coparcenaries property where the husband inherently gets share and from her son, daughter if
any or from her own parents. Section -19 of the Hindu adoption and maintenance Act -1956 does
not lay down a personal obligation upon the father-in-law to maintain his sons widow. It lays
down only a moral obligation upon the father-in-law to maintain his daughter in law but after the
death of the father-In-law whosoever inherits his self accrued property, is legally bound to
maintain the daughter-in law of such deceased person. Any Hindu whether her marriage took
place either before the commencement of the present Act or therefore, on the death of her
husband, would be entitled to maintenance from her father-in-law to the extent and so long--
a) She is unable to maintain herself out of her own earning or other property, or
b) She is unable to obtain maintenance from the estate of her husband, or
c) She is unable to obtain maintenance from the estate of her father, or
d) She is unable to obtain maintenance from the estate of her mother, or
e) She is unable to obtain maintenance from the estate of her son, or
f) She is unable to obtain maintenance from the estate of her daughter, or
g) She is unable to obtain maintenance from the estate of her son and daughter, or
h) If the father-in-law has no coparcenary in his possession out of his she has not obtained a
share and She has remained unmarried where the father-in-law has copercenary as well as self
acquired property is sufficient to enable him and his wife to maintain themselves, the widowed
daughter-in-law acquires a right to get herself maintain out of the earning of copercenary
property. In such a case there would not be any obligation upon the earnings of the copercenary
property.17
Section-19(2) lays down those conditions in which the liability to maintain the daughter-in-law
comes to end. These conditions are as follows-

16
Agawwal p. 121-122. 12th ed.
17
Dr. Up.P.D. Keasari p. 176, 5th ed 2006

9
a) Where the father-in-law does not have any means for maintenance out of copercinary
property which was owned by her deceased husband,
b) Where the widowed daughter-in-law received any share in the coparcenary property;
c) Where she has remarried;
d) Where she has converted into other religion.
The widowed daughter-in -law could claim maintenance in the property notwithstanding the fact
that she does not live in her father-in-laws house.

2.9 Who are the Defendants

Section-21 of the Hindu adoption and maintenance Act 1956 states-For the purposes of this
chapter dependant means the following relatives of the deceased
1. His or her father who gets maintenance throughout of his life
2. His or her mother throughout of her life;
3. His widow so long as she does not remarry then throughout her life;
4. (a) his or her son so long as he is minor
(b) son of a pre-deceased son so long as he is minor and he is unable to obtain maintenance from
his father or mothers estate.18
(c) son of a pre-deceased son of a deceased son so long as he is a minor and he is unable to
obtain maintenance from the estate of his father or mother or fathers father or fathers mother,
(d) Grandson so long as he is minor from the estate of his father and mother,
(e) Great grandson so long as he is a minor from the estate of his father or mother or fathers or
fathers father or fathers mother,19
5. (a) unmarried daughter so long as she remains unmarried .a sister has also a right to be
maintained by her brother who receives the fathers estate. But if the sister who is unmarried has
received a share in her fathers property, she has no right to maintenance or a right for her
marriage expanses.
(b) Unmarried daughter of his pre-deceased son so long as she remains unmarried and she is
unable to obtain maintenance from her fathers or mothers property.

18
Kandila v. pushparani. pramanik.
19
Agarwala p. 136-137, 12th ed.

10
(c) unmarried daughter of a pre-deceased son of his pre-deceased son so long as she remains
unmarried and she is unable to obtain maintenance from the estate of her fathers or mother or
fathers father or fathers mother.
(d) Granddaughter so long as she remains unmarried from her fathers or mothers property.
(e) great granddaughter so long as she remains unmarried from the estate of her father or mother
fathers or fathers father or fathers mother.
(6) his widowed daughter provided and to the extent that is unable to obtain maintenance from
the estate of her husband and from her son or daughter if any, or his or her estate, from her
father-in-law or his father or the estate of either of them.
7. (a) widow of his son so long as she does not remarry to the extent that she is unable to obtain
maintenance from her husbands estate or from her son ,if any or his estate; or from her daughter,
if any or her estate.
(b) any widow of a son of his pre-deceased son so long as she does not marry to the extent that
she is unable to obtain maintenance from her husbands estate or from her son, if any, or his
estate or her daughter, if any, or her estate or from her father-in-laws estate.
(8) minor illegitimate son so long as he remains minor.
(9) minor illegitimate daughter so long as she remains unmarried. (b)Any widow of a son of his
deceased son so long as she does not marry to the extent that she is unable to obtain maintenance
from her (i)20

20
B.M Gandjhi. p. 465

11
2.10 Liability of defendant on possession of property and maintenance to
dependant.
Where there are several person who inherit the estate of the deceased , there liability shall be
proportion to the value of the same or part of the state taken by cache of them sec- 23 (3) . After
review of the authorities, the Andhara pradesh High court in pokura case has laid down the
following cases
(1)Where one of the members of half dies leaving a widow and other coparceners the widow
shall have a right to maintenance against the share of interest of her decreased husband in joint
family property.
(2) The obligation to maintain a widow depends upon the taking of the decreased husband's share
in the family state and she will have no right to claim maintenance out of the share that fall to the
other members.
(3)The right of a Hindu women or widow to maintenance is founded on relationship.
(4)Where there are several groups of sons, the maintenance of their mothers must so long as the
estate remains joint, be a change upon the whole state , but ,when a partition is made, their
maintenance is distributed according to relationship ,the sons of each mother being bound to
maintain her.
(5)A stepson has no obligation to maintain his stepmother unless any portion or share of his
father in a joint family property is allotted, developed or taken by him, whereas in case of a son,
natural or adopted and a husband, the primary liberty to maintain his mother or wife, as the case
maybe, is a matter of personal obligation arising out of a relationship irrespective of their
possession of ancestral or self-acquired property.
(6) A maintenance holder can obtain a decree for maintenance against a member of the husband
of the undivided family and create a change over the joint property, when their family was joint.
(7) When once her night to maintains has been declared, definition is needed to a certainly by a
decree of court ,such right cannot be taken away by any subsequent alienation of such property
by , or partition of such property effected amongst the members of that family.
(8) The heart of the matters is that the change secured in live maintenance by a Hindu women or
a widow on the joint family properties is not defeated by any subsequent alienation or partition
of those properties, but it is liable to be enforced in respect of such properties in the whom so
ever hands they may be.

12
9) Any person including the step son of a maintenance holder, who was a member of the Hindu
joint family at the time of the of the institution of the maintenance suit and the creation of the
charge toward the decree obtained by her on the joint family properties or any portion of the
same are allotted to him in a subsequent partition or devolved on him.
2.11 Conclusion
The charge created on those properties prior to the division of the family will be subsisting and
will continue till the life time of the maintenance holder and the rights of any third party, if any
in such property will be only subject to the charged created in her favor.
In short, under the codified Hindu law, all members of the joint family male and female have a
right of maintenance only against the joint family assets. There is a personal obligation of the
Hindu to maintain his wife, children, and parents. A Hindu has an obligation to maintain the
dependents of another whose property has devolved on him.
No person who is himself or herself a dependent shall be liable to contribute to the maintenance
of others of she or he has obtained a share or part, become less than what would be awarded to
him or her by way of maintenance under the Act [section 22(4)]21

21
B.M> Gandhi. p. 476-474

13
 Chapter-3
Maintenance of Parents, Grand Parents Hindu Law In Bangladesh
3.1 Introduction
It is to be noted that she is bound to reside with her husbands house and the husband is bound to
maintain her and she must discharge her duties. But where the husband is continued in ordinary
quarreling with her wife and the same way endanger her life, she can claim to separate
maintenance from her husband. A Hindu woman in Bangladesh may live separate from her
husband on some special grounds and claim for maintenance , under the Hindu womens right
to separate residence and Maintenance Act, 1946as applied in Bangladesh
3.2 Personal liability
A Hindu is under a legal obligation to maintain his wife, minor sons, unmarried daughters and
his aged parents whether he possesses any property or not.so under personal liability a Hindu is
bound to maintain this following persons-

3.3 Maintenance of legitimate and illegitimate son in BD

Every Hindu father is under a legal obligation to maintain his minor son from his separate or
own acquired property. Son whether legitimate or illegitimate can claim maintenance from his
father until he attains majority. But he is under no such obligation to maintain his adult son. If
the father has no property, he is not bound to maintenance his minor son. According to
mitakshara law an adult son is entitled to maintenance from joint family property. In dayabhaga
law father is not bound to maintain his adult sons either out of his separate or out of ancestral
property.22

3.4 Maintenance of legitimate and illegitimate daughter in BD

Every Hindu father is during his life time bound to maintain his minor legitimate daughter. An
unmarried daughter is however entitled to be maintained by her father even after she has attained
majority, the obligation of the father to maintain her extending only in so far as she is unable to
maintain herself. So a father is bound to maintain his unmarried daughters and on the fathers
death, the daughters are entitled to be maintained out of his estate. Her right to claim

22
Sree Mridul Kanti Rahshit; Hindu Law p. 153/154

14
maintenance ceases on her remarriage.23 On the marriage she is entitled to be maintained by the
husband, after the death of the husband out of his estate. If the husband left no property the
father-in-law is bound to maintain her morally. On the death of the father-in-law she gets legal
right on the coparcenaries property. If the daughter is unable to obtain maintenance from her
husband after his death from his family, her father is under moral obligation to maintain her.
Under Hindu law an illegitimate daughter is not entitled to maintenance from the estate of her
putative father.

3.5 Maintenance of Aged and infirm parents in BD

A son is personally bound to maintain his aged parents whether he inherits any property from his
father or not is personally bound to maintain them.

3.6 Maintenance of Wife

The wife right to maintenance belongs to the law relation to husband and wife. Thus a wife is
entitled to be maintained by her husband, whether he posses any property or not. The
maintenance of a wife by her husband is a matter of personal obligation arising from the very
existence of possession by the husband of any property ancestral or self acquired. a husband who
has abandoned Hinduism is still bound to maintain his Hindu wife. It is to be noted that she is
bound to reside with her husbands house and the husband is bound to maintain her and she must
discharge her duties. But where the husband is continued in ordinary quarreling with her wife
and the same way endanger her life, she can claim to separate maintenance from her husband. A
Hindu woman in Bangladesh may live separate from her husband on some special grounds and
claim for maintenance , under the Hindu womens right to separate residence and Maintenance
Act, 1946as applied in Bangladesh if it can be proved that-
a) the husband is suffering from virulent form of leprosy/venereal diseases or any other
infectious disease;
b) the husband has treated her with cruelty as renders it unsafe or undesirable for her to live
with him;
c) the husband is guilty of desertion, that is to say, of abandoning her without her consent or
against her wish;

23
Sree Mridul Kanti Rahshit; Hindu Law p. 153/154

15
 d) the husband has any other wife living or he marries again;
e) the husband has ceased to a Hindu by conversion to any other religion;
f) the husband keeps the concubine in the same house as the wife resides or he habitually
resides with the concubine elsewhere;
g) For any other justifiable cause
But if a wife leaves her husbands house without his consent and unwilling to reside with him
without just cause as stated above, the husband is not bound to allow her maintenance so long as
the wife resides with him and is not bound to recognize her again.24 A Hindu wife who leaves
her husbands house for the purpose of unchastity cannot claim maintenance from her husband.
Again, when a wife leaves her husbands house by his consent, he is bound to receive her again.
If she desires to return and the husband refuses to do so, she will be entitled to maintenance from
her husband and a legal claim can demand before the court. Provided that a Hindu married
woman shall not be entitled to separate residence and maintenance from her husband if
(i). She is guilty of unchastity
(ii). She converts to another religion
(iii). She refuse to go back to her husband without any justified cause
(iv). She has re-married to another person.
But a Hindu woman faces complexity to get those above mentioned rights because of the
absence of the law for the marriage registration; as a consequence it is evident that for this
lacking in the legislation all the existing laws though not enough are to some extent ineffective to
ensure the rights of the Hindu women.25
3.7 Liability of dependant on possession of property
3.7.1 Maintenance of widow
Before the passing of the Hindu womens right to property Act -1937, a Hindu widow does not
succeed to the estate of her husband as a hire, she is entitled to maintenance out of his husbands
separate property and also out of property in which he (her husband) was a coparcener at the
time of death. Hench a widow does not lose her right of maintenance of the estate of her
husband even though she may be lived apart from him in his life time without any justifying

24
Dr. A.B.M. Mofijul Islam partwary. p. 119, 16 th june, 2015
25
Sree Mridul Kanti Rahshit; Hindu Law p. 157/158

16
cause and is living separate from him at the time of his death.26 Her right of maintenance is
forfeited by the reason of her living apart without any justifying cause from her husband life and
at the time of his death if she does not leave her husbands house for immoral purpose or
unchastity. But if she returns to a moral life, she is entitled to starving maintenance. Where
maintenance is given by will or receiving income of estate by agreement does not forfeits it by
subsequent unchasity. Of course, a widow by remarriage forfeits her right of maintenance out of
the estate of the husband.
When a widow does not entitle to maintenance;
A widow does not entitle to maintenance where the following grounds are fulfilled
a) If she has sufficient stridhan or other means of support.
b) If she has once received sufficient allotment for the maintenance which she has dissipated.
c) If she is unmarried.
d) If she is living from her husbands family for immoral or improper reasons or without just
cause.27
3.7.2 Maintenance of widow-daughter-in -law
The father-in-law is neither under any legal obligation nor any personal obligation to provide
maintenance to widowed daughter-in-law. It is merely a moral obligation. If the father-in-law
receives some property by survivorship in which his son (husband of the widow) has a vested
interest. He was under a legal obligation to maintain his sons widow. But where he has not any
such property, the obligation is only moral one. It is to be noted that right of three widows (viz)
the widow of the deceased, widow of a pre-deceased son of the deceased and the widow of a pre-
deceased grandson of the deceased mentioned in the Hindu womens right to property Act-
1937.where the daughter-in-law does not live with her father-in-law and his relatives will not be
forfeited from her right of maintenance. A widow daughter-in law losses her right to
maintenance if she marries again and she leads her life to unchastity or immoral purpose.28
3.7.3 Concubine
A concubine cant claim maintenance from her paramour during his lifetime. But after his
(paramour) death, if she remained faithful to him so long as he is alive, she acquires a right of

26
Sree Mridul Kanti Rahshit; Hindu Law p. 159/160
27
Dr. A.B.M. Mofijul Islam Patwary, p. 122-123. 16th ed. June, 2012
28
Sree Mridul Kanti Rahshit; Hindu Law p. 359, 6th ed. 2008

17
maintenance against his estate, whether ancestral or self-acquired. But her right to maintenance
is conditional to her chastity.

3.7.4 Maintenance of disqualified heir:-

Where a son or other heir is excluded from inheritance by reason of disability such as, blindness,
lunacy, idiocy and leprosy, he is entitled to maintenance himself and his family out of the
property which he would have inherited but for his disability.
3.7.5 Sister: -
A Hindu is under no personal obligation to maintain his sister, but if he inherits his fathers
estate, he is bound to maintain her out of the estate, she being a person whom his father was
legally bound to maintain as his daughter, provided that she is unmarried.
3.7.6 step-mother: -
A step son is under no personal obligation to maintain his step-mother. but if he inherits the
property from his father who is the husband of the step-mother he is bound to maintain her of the
estate. She is being a person whom his father was legally bound to maintain as his wife.
3.7.7 Mother-in-law: -
A, dies leaving a widow B and a mother-in-law C. B is under no personal obligation to maintain
her mother-in-law C. But if she inherits property from A, she is bound to maintain C, she (c)
being a person whom A, was legally bound to maintain as his mother-in-law.29

3.8 Conclusion

That in determining the amount of maintenance, to be awarded to children, wife, or aged or

infirm parents regard shall be had to the position and status of the parties; the reasonable wants
of the claimant: if the claimant was living separately, whether the claimant was justified in
doing so; the value of the claimant's property and any income derived from such property or
from the claimant's own earnings or from any other source and the number of persons entitled
to maintenance under the Act.

29
Sree Mridul Kanti Rahshit; Hindu Law p. 358, 6th ed. 2008

18
 Chapter 4
Maintenance of Children, daughter and son in Bangladesh

4.1 Introduction
The relief of maintenance is considered an ancillary relief and is available only upon filing for
the main relief like divorce, restitution of conjugal rights or judicial separation etc. The
obligation to maintain besides being statutory in nature is also personal in the sense that it arises
from the very existence of the relationship between parent and the child. The obligation is
absolute in term and does not depend on the means of the father or the mother
4.2 Amount of Maintenance in India
(1) No fixed rule can be laid down as to the amount of maintenance which each claimant is to
have and Each case is to be judged according to the nature of its circumstances. Maintenance
depends upon the totality of all the facts, the amount of free estate, the past life of married
parties, a survey of the condition and the quantum of maintenance depends upon the
position and status of the parties including financial position of the husband as also on the
reasonable demands of the claimants. in some cases the last life of married parties and the
families, mode of their living, the age habits, wants and day-to-day needs, costs of reasonable
living position and status to parties should be considered before fixing the amount of
maintenance to be awarded to the wife In State of Haryana v. Snit Santra the Supreme Court
held that sub-section.30

(2) Section 23 provides that in determining the amount of maintenance, to be awarded to

children, wife, or aged or infirm parents regard shall be had to the position and status of the
parties; the reasonable wants of the claimant: if the claimant was living separately, whether the
claimant was justified in doing so; the value of the claimant's property and any income
derived from such property or from the claimant's own earnings or from any other source and
the number of persons entitled to maintenance under the Act.
(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this
Act, regard shall be had to-

30
Dr. U.P.D. Kesari p. 182-183, 5th ed. 2006

19
 i. the net value of the estate of the deceased after providing for the payment of his debts;
ii. the provision, if any made under a will of the deceased in respect of the dependant;
iii. the degree of relationship between the two;
iv. the reasonable wants of the dependant;
v. the past relations between the dependant and the deceased;
vi. the value of the property of the dependant and any income derived from sue] property, or
from his or her earnings or from any other source;
vii. the number of dependants entitled to maintenance under this Act.

In the case of Mogan Bhai Chhotubhai v. Maniben," the Gujarat High Coo considering on the
amount of Maintenance held that the amount may be.1/3 or 1/2 of the total income of the
husband. It will depend upon the conditions and circumstance in which maintenance is being
claimed. If the husband is having good income and the wife is living separately along with
her children, the wife may be entitled to 1/2 of the total income of the husband.
Section 23 provides that fixation of the quantum of maintenance shall be in the discretion of
the Court but while exercising such discretion the Court shall have du. regard to the factors
which have been enumerated in sub-section (2) of Section 23. Sub section (2) provides that
position and status of the parties, reasonable wants of the claimant, justification for separate
living, sources of earning and quantum earned beside the number of persons entitled to
maintenance under the Act are the relevant factors which are to be considered by the Court
while fixing the quantum of maintenance. 31

4.3 Amount of Maintenance in Bangladesh

It shall be the discreetion of the court to determine what amount of maintenance shall be
awarded to a wife, children, aged or infirm parents.
So the principle to assertain the amount of maintenance is to see
i. mode of life of female during her husband,s life;
ii. husband,s estate i.e the income of entire estate and value of the estate;
iii. the position and the status of the deceased husband;

31
Agarwala p. 142, 21st ed.

20

.
 iv. the stridhan in the possession of a female;
v. the reasonable wants of claimant
vi. justice to other member of the family32

4.4 Conclusion

The father-in-law is neither under any legal obligation nor any personal obligation to provide
maintenance to widowed daughter-in-law. It is merely a moral obligation. If the father-in-law
receives some property by survivorship in which his son (husband of the widow) has a vested
interest. He was under a legal obligation to maintain his sons widow. But where he has not any
such property, the obligation is only moral one. It is to be noted that right of three widows (viz)
the widow of the deceased, widow of a pre-deceased son of the deceased and the widow of a pre-
deceased grandson of the deceased mentioned in the Hindu womens right to property Act-
1937.where the daughter-in-law does not live with her father-in-law and his relatives will not be
forfeited from her right of maintenance.

32
Sree Mridul Kanti Rahshit; Hindu Law p. 365, 6th ed. 2008

21
 Chapter-5
Comparative study under Hindu and Muslim Law
5.1 Introduction
It is merely a moral obligation. If the father-in-law receives some property by survivorship in
which his son (husband of the widow) has a vested interest. He was under a legal obligation to
maintain his sons widow. But where he has not any such property, the obligation is only moral
one. It is to be noted that right of three widows (viz) the widow of the deceased, widow of a pre-
deceased son of the deceased and the widow of a pre-deceased grandson of the deceased
mentioned in the Hindu womens right to property Act-1937.where the daughter-in-law does not
live with her father-in-law and his relatives will not be forfeited from her right of maintenance.

5.2 Comparison
Now if we compare between the two countries, then we find that---
In India both parties to the marriage can make an application for maintenance but in
Bangladesh only a wife may seek maintenance.
Besides in India maintenance and wife are clearly defined and as such there is no chance
of confusing but in Bangladesh these are not defined. These are the lacking of the passing
laws.
Again in India there are both civil and criminal proceedings for cases regarding
maintenance. On the other hand a good change has been brought in Bangladesh and that
is the enactment of the Family Courts Ordinance, 1985. This Ordinance provides a
special forum for speedy and effective disposal of the cases that may be filed before the
Family Courts.
Before passing of this Act, if the husband married again during the wifes lifetime, The
wife could claim separate residence and maintenance, but now mere existence of more
than one wife would entitle any of them to claim separate residence and maintenance.33
Unchastity of a widow is not now a ground for refusal maintenance but if the widow
remarries, she would forfeit the right to maintenance as before.

33
W.W.W. Cdrb. oge.

22
 Before passing of this Act only a son was bound to maintain his aged or infirm parents,
but now a similar obligation is impose daughter
Under the old law, conversion to another religion did not disentitle a person to claim
maintenance! Now, it is a condition precedent that the claimant must be a Hindu
Under the Act, the list of passions entitled to maintenance (i.e)dependent has been
widened so as to include therein not only his or her son of his pre-deceased don (PDS)
and the pre deceased sons son similarly it includes not only his unmarried daughter but
also an unmarried daughter of his predeceased son and unmarried daughter of a
predeceased sons son
Under the old Hindu law, a woman was under no obligation to maintain even her own
children or parents. It is permitted to the present Act to maintain her own children and
parents.
The obligation to maintain under the old law was a legal obligation toward some and a
moral obligation towards others, but it would be noticed that the obligation under the new
Act is always legal.
As laid down under section 20of the Act an illegitimate daughter has a right to claim
maintenance while she had no such right prior to the Act.
A concubine had a right to maintenance against to the estate of her paramour after his
death, but under the new law her name is stuck off the list of person entitled to
maintenance

5.3 Maintenance of wife-

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the
commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her
claim to maintenance,-
(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and
without her consent or against her wish, or of wilfully neglecting her;
(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that
it will be harmful or injurious to live with her husband;
(c) if he is suffering from a virulent form of leprosy;

23
(d) if he has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides
with a concubine elsewhere;
(f) if he has ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying her living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if
she is unchaste or ceases to be a Hindu by conversion to another religion.

Maintenance of widowed daughter-in-law- (1) A Hindu wife, whether married before or after
the commencement of this Act, shall be entitled to be maintained after the death of her husband
by her father-in-law.
Provided and to the extent that she is unable to maintain herself out of her own earnings or other
property or, where she has no property of her own, is unable to obtain maintenance-
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall not be enforceable if the fatherinlaw has not the
means to do so from any coparcenary property in his possession out of which the daughter-in-
law has not obtained any share, and any such obligation shall cease on the remarriage of the
daughter-in-law.

Maintenance of children and aged parents- (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.
(3) The obligation of a person to maintain his or her aged or infirm parent or daughter who is
unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable
Explanation- In this section "parent" includes a childless stepmother.

24
Dependents defined- For the purposes of this Chapter "dependents" mean the following
relatives of the deceased-
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not remarry;

(iv) his or her son or the son of his predeceased son or the son of a predeceased son of his
predeceased son, so long as he is a minor; provided and to the extent that he is unable to obtain
maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a
great-grandson, from the estate of his father or mother or father's father or father's mother;

(v) his or her unmarried daughter for the unmarried daughter of his predeceased son or the
unmarried daughter of a predeceased son of his predeceased son, so long as she remains
unmarried; provided and to the extent that she is unable to obtain maintenance, in the case of a
grand daughter from her father's or mother's estate and in the case of a great-grand daughter from
the estate of her father or mother or father's father or father's mother;

(vi) his widowed daughter; provided and to the extent that she is unable to obtain maintenance-
(a) from the estate of her husband; or
(b) from her son or daughter, if any, or his or her estate; or
(c) from her father-in-law or his father or the estate of either of them;
(vii) any widow of his son or of a son of his predeceased son, so long as she does not remarry;
provided and to the extent that she is unable to obtain maintenance from her husband's estate, or
from her son or daughter, if any, or his or her estate; or in the case of a grandson's widow, also
from her father-inlaw's estate;

(viii) his or her minor illegitimate son, so long as he remains a minor;

(xi) his or her illegitimate daughter, so long as she remains unmarried.
22. Maintenance of dependents- (1) Subject to the provisions of sub-section (2), the heirs of a
deceased Hindu are bound to maintain the dependents of the deceased out of the estate inherited
by them from the deceased.

25
(2) Where a dependent has not obtained, by testamentary or intestate succession, any share in
the estate of a Hindu dying after the commencement of this Act, the dependent shall be entitled,
subject to the provisions of this Act, to maintenance from those who take the estate.

(3) The liability of each of the persons who take the estate shall be in proportion to the value of
the share or part of the estate taken by him or her.

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is
himself or herself a dependent shall be liable to contribute to the maintenance of others, if he or
she has obtained a share or part, the value of which is, or would, if the liability to contribute were
enforced, become less than what would be awarded to him or her by way of maintenance under
this Act.

Amount of maintenance- (1) It shall be in the discretion of the court to determine whether any,
and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so,
the court shall have due regard to the consideration set out in sub-section (2) or sub-section (3),
as the case maybe, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged
or infirm parents under this Act, regard shall be had to-
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant's property and any income derived from such property, or from the
claimant's own earning or from any other source;
(e) the number of persons entitled to maintenance under this Act.
(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this
Act, regard shall be had to-
(a) the net value of the estate of the deceased after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect, of the dependent;
(c) the degree of relationship between the two;

26
(d) the reasonable wants of the dependent;
(e) the past relations between the dependent and the deceased;
(f) the value of the property of the dependent and any income derived from such property, or
from his or her earnings or from any other course;
(g) the number of dependents entitled to maintenance under this Act.

5.4 Maintenance of Wife Under Hindu And Muslim Law: Comparative Study

The whole concept of maintenance was introduced in order to see that if there is a spouse who is
not independent financially than the other spouse should help him/her in order to make the living
of the other person possible and independent. Providing maintenance means that the other person
who is getting the maintenance should be able to live the life as he or she lived before marriage
in case of divorce and in case where the two partners are not living together and they seek
maintenance than the spouse getting maintenance should be able to live a life as when they lived
together. Maintenance is the amount which a husband is under an obligation to make to a wife
either during the subsistence of the marriage or upon separation or divorce, under certain
circumstances. At this point of time I would also like to mention that according to my
understanding maintenance not only includes basic necessities like food, clothing and residence
but it also includes the things necessary for comfort and status in which the person entitled is
reasonably expected to live. [1] According to me the main aim of providing maintenance is that
the wife should not be left destitute on separation or divorce from her husband. In a laymens
term maintenance are those things which are indispensible for the survival of human being.

The most important aspect of maintenance is that the party which relies on maintenance has no
independent source of income to support himself/herself. The main point we have to focus on in
independent income. Should the spouse who is claiming maintenance have movable or
immovable property, the spouse can still claim maintenance if the property does not yield any
income.

The quantum of maintenance and the expenses of the proceedings have not been specified in any
of the Indian Matrimonial statutes except the Divorce Act. The court can fix the maintenance at
any amount, depending on its discretion. When deciding the quantum of maintenance to be
awarded, the court takes into account the income of both parties, their status and other

27
circumstances. When the wife applies for maintenance, the onus is on the husband to declare his
income.

The persons who are entitled to maintenance under the Hindu Adoptions and Maintenance Act
(HAMA), 1956 are wife, widowed daughter-in-law, children, aged parents and dependants as
enumerated in Section 21 of the Act. [2] Whereas, under the Muslim law, the persons entitled to
maintenance are wife, young children, the necessitous parents, and other necessitous relations
within the prohibited degrees. [3] The Muslim Law of maintenance is based on the Muslim
personal laws and the law enactments such as the Indian Majority Act, 1875, the Criminal
Procedure code 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986.

4.5 Types of Maintenance

There are two types of maintenances:-

(1) Interim maintenance and maintenance pendente lite

(2) Permanent maintenance

The interim maintenance is payable from the date of presentation of the petition till the date of
dismissal of the suit or passing of the decree. Interim maintenance is supposed to meet the
immediate needs of the petitioner. And maintenance pendente lite is for providing the litigation
expenses to the claimant. Interim maintenance is the amount that is paid by the financially
independent spouse to their counterpart during the pendency of the proceedings in the
matrimonial cause and which covers the expenses of the proceedings as well as the other
expenses of the spouse during the course of the proceedings. The basis of the claim for interim
maintenance is that the claimant has no independent income of his/her own to support
himself/herself. The provision is silent on the quantum of maintenance and it is upon the
discretion of the court to determine the quantum.

Section 24 provides of Hindu Marriage Act, 1955 (HMA) provides for maintenance. It talks
about how either the wife or the husband can claim for interim maintenance. The interim
maintenance is payable from the date of presentation of the petition till the date of dismissal of
the suit or passing of the decree. Interim maintenance is supposed to meet the immediate needs

28
of the petitioner. And maintenance pendente lite is for providing the litigation expenses to the
claimant.

Interim maintenance can be claimed either by the husband or the wife, under the Hindu Marriage
Act and the Parsi Marriage and Divorce Act and is called Alimony Pedente Lite." Under all
other statutes, the wife is the only spouse who can claim it. [4] Section 36 of the Divorce Act of
1869 says that the wife may file a petition for interim maintenance, regardless of who instituted
the suit and whether the wife obtained an order for protection. It also says that the petition for the
expenses of the proceedings and alimony pending the suit should be disposed of within sixty
days of the service of the petition on the husband.

Permanent maintenance, on the other hand, is the maintenance that is paid by one spouse to the
other after the judicial proceedings have resulted in either the dissolution of the marriage or a
judicial separation. Section 25 of the act talks about permanent maintenance. It states that how
the court can order the respondent to pay the applicant for her or his maintenance a gross sum or
a monthly or periodical sum for a term not exceeding the life of the applicant unless there are
changes in circumstances under which the court can change its order.

5.6 Conclusion
Prior to the Act, Ghar Jamai had some right to claim maintenance from his father-in-law. This
Act does not maintain about the right of Ghar Jamai. He has no right to claim maintenance34
In the prior Hindu law, An illegitimate daughter could not claim maintenance but in the present
Act an illegitimate daughter is entitled to claim maintenance under section (21 and 22)

34
B.M. Gandhi; Hindu Law; p. 188

29
 Chapter-6
Findings, Recommendations & Conclusion
6.1 Findings
1) Television and media can play a vital role in raising consciousness among the general
Hindu people by informing them about their own backdated hindu maintenance Act
comparing with other nations moderated maintenance act.
2) Government should organize a commission and launch a separate tribunal to bring the
changes of our own maintenance Act 1946.
3) The Muslim people on the higher position in the society should think about the interest of
the general Hindu people of the country where a long number of people politically bound
on them and a strong morality with consideration have to be developed only for the
betterment of the Hindu nation.

6.2 Recommendations
Maintenance under Hindu law is a great security for a Hindu woman and the members of a joint
family who are entitled to maintenance. But Hindu woman right to separate residence and
maintenance Act 1946 which is applicable in Bangladesh is not clearly detailed like Hindu
adoption and maintenance Act 1956 in India. Because, In Bangladesh where most of the people
are Muslims are not reformed because of the politicization of religion while radical changes have
been brought in India in response to the changing trends of society, where the majority of the
population is Hindus. The following steps should be taken for the betterment of the Hindus in
Bangladesh---
4) The law making authority have to find out the lackness of our maintenance Act 1946
comparing with the other nations and bring the best reform for the betterment of our own
Hindu family members in the society.
5) Our Hindu nations have to be conscious and struggle through procession for establishing
their rights.

30
6.3 Conclusion
So in India radical changes as regards Hindu laws have been made but in Bangladesh the ancient
pre-1947 laws have remained in force. The reason behind the changes in India is that the
majority of the population in India is Hindus, they themselves demanded changes, the leaders of
this community came forward and consequently changes had been made through enacting laws
by legislature. But in Bangladesh the issue is avoided as a sensitive minority issue. Even the
leaders of this community dont take any major attempt to address the problem. As there is no
attempt to reform Hindu personal law, so one question may arise and that is whether there is any
constitutional bar to reform Hindu family law. If we read Articles 10, 19, 27, 28 and 29, we see
that there is no such bar in our constitution rather it encourages the Govt. to remove social and
economic disparities among the citizens. In fact, free democratic environment is needed for the
reforms of Hindu laws. Awami League Presidium Suranjit Sen Gupta says, Hindu laws need to
be reformed in our country. But the free democratic environment that is needed for the reforms
has not properly developed yet. Truly for the creation of a free democratic environment the
Govt. and NGOs have to work together. They have to build awareness among the Hindus about
the limitations of their personal laws. They have to make them understand that for their own
interest reforms in Hindu laws are needed. In our country various matters, such as, sanitary
problem, female health etc. are telecasted through media for building awareness. But the
problems of Hindu women are not shown. For creating awareness their problems may be brought
before them through short film, music etc. When the Hindus themselves were aware, the leaders
of this community would come forward, then the reforms would have been made through
enactment and only then we will be able to claim our country as a modern democratic society.35

35
Internet and own opinion

31
 Bibliography
Books

1. Islam Mofijul, Patwary (2015) Hindu Law, 6th ed, Shams Publicaiton, Dhaka.
2. Sree. Mridul Kanti Rakshit p. 347; 6th ed. 2008
3. State Human Rights 1995 of Bangladesh, Bangladesh Manbadhika Somonnoy Parishad;
4. Sree. Mridul Kanti Rakshit p. 347; 6th ed. 2008
5. Ararwal p. 117-, 12ed.
6. Agarwal p. 132-133. 12th ed.
7. B.M Gandhi. p. 471
8. Agrawala p. 133, 12th ed.
9. Dr. U.P.D. Kesari p. 178. 1st ed.
10. B.M Gandhi. p. 171
11. Kishore v. Nanak Chana in Delhi High Court.
12. Dr. U.P.D. Kesari p. 178-179, 5th ed. 2006
13. B.M Gandhi. p. 471
14. B.M. Gandhi. p 466
15. Agarwala p. 12-125. 12th ed.
16. Agawwal p. 121-122. 12th ed.
17. Dr. Up.P.D. Keasari p. 176, 5th ed 2006
18. Kandila v. pushparani. pramanik.
19. Agarwala p. 136-137, 12th ed.
20. B.M Gandjhi. p. 465
21. B.M> Gandhi. p. 476-474
22. Sree Mridul Kanti Rahshit; Hindu Law p. 153/154
23. Sree Mridul Kanti Rahshit; Hindu Law p. 153/154
24. Dr. A.B.M. Mofijul Islam partwary. p. 119, 16 th june, 2015
25. Sree Mridul Kanti Rahshit; Hindu Law p. 157/158
26. Sree Mridul Kanti Rahshit; Hindu Law p. 159/160
27. Dr. A.B.M. Mofijul Islam Patwary, p. 122-123. 16th ed. June, 2012
28. Sree Mridul Kanti Rahshit; Hindu Law p. 359, 6th ed. 2008
29. Sree Mridul Kanti Rahshit; Hindu Law p. 358, 6th ed. 2008
30. Dr. U.P.D. Kesari p. 182-183, 5th ed. 2006
31. Agarwala p. 142, 21st ed.
32. Sree Mridul Kanti Rahshit; Hindu Law p. 365, 6th ed. 2008
33. W.W.W. Cdrb. oge.
34. B.M. Gandhi; Hindu Law; p. 188
35. Internet and own opinion

32