CONCEPT OF MAINTENANCE UNDER

HINDU LAW
A Project submitted to

Army Institute of Law, Mohali

In partial fulfillment of the requirements for the award
of degree of B.A.L.L.B

Submitted to: Submitted by:

Ms. Jasleen Chahal Vidhi Goyal
Assistant Professor 2075
(Law)

Punjabi University, Patiala(Punjab)

 DECLARATION

It is certified that my project work presented in this report entitled ‘Concept of

Maintenance under Hindu Law’ embodies the results of original research
work carried out by me. All the ideas and references have been duly
acknowledged.

DATE:2nd DEC., 2021 NAME: Vidhi Goyal

PLACE: ARMY INSTITUTE OF LAW ROLL NO. 2075

 ACKNOWLEDGEMENT

This project consumed huge amount of work, research and dedication. Still
implementation would not have been possibleif I did not have a support of
many individuals and organizations. Therefore I would like to extend -my
sincere gratitude to all of them.

Ms. Jasleen Chahal , our family law teacher for provision of her expertise, and
technical support in the implementation. Without her superior knowledge and
experience, the project would lack in quality of outcomes, and thus her support
has been essential.

I would like to express my sincere thanks towards all who devoted their time
and knowledge in the implementation of this project.

Nevertheless,I express my gratitude towards my family and colleagues for their

kind co-operstion and encouragement which help me in completion of this
project.
 INDEX

TOPIC PAGE NO.

Introduction 5
Maintenance of Wife 6-7
Maintenance of Widowed Daughter-in-law 8
Maintenance of Children
9-10
Maintenance of Parents
11-12
Maintenance of Dependants
13
Husband’s right to get maintenance from his wife and Criteria for Maintenance
Calculation 14
Maintenance under Section 125 CrPC 15
Conclusion 16
Bibliography 17
 INTRODUCTION

The dictionary meaning of the term maintenance is support or sustenance. Maintenance as a

concept when considered from the point of view of law refers to the kind of financial
assistance given to either of the litigating parties on an application made by them and only
through an order passed by the court having jurisdiction to do so and upon execution of
decree in this regard.1 According to Section 3 (b)2 of The Hindu Adoptions and Maintenance
Act, 1956, “Maintenance” includes (i) in all cases, provision for food, clothing, residence,
education and medical attendance and treatment; (ii) in the case of an unmarried daughter,
also the reasonable expenses of an incident to her marriage.

Types of Maintenance:

1. Interim Maintenance: It is additionally known as maintenance pendente lite that the court

awards while the proceedings for divorce are still going on. The aim is to provide the
claimant the income for support and necessary expenses of proceedings. Section 24 of Hindu
Marriage Act,1955 deals with such kind of maintenance. Either of the spouses can claim
such maintenance.
2. Permanent Maintenance: It means the granting of maintenance in the form of either
periodical or monthly sums once the proceedings are done with. It is given in Section
25 of Hindu Marriage Act, 1955. Either of the spouses can claim such maintenance.

Who Can Claim Maintenance?

 Wife
 Husband
 Widowed daughter-in-law
 Children (legitimate sons, illegitimate sons, unwedded legitimate and illegitimate
daughter, married daughter unable to maintain herself)
 Parents
 Any other dependent person
1
Diva Rai, Concept of Maintenance in Hindu Marriage Act, 1955, BLOG IP READERS, (JUNE, 13, 2019),
https://blog.ipleaders.in/concept-of-maintenance-in-hindu-marriage-act-1955/, Last visited: 20/10/20
2
The Hindu Adoptions and Maintenance Act, 1956, §3(b)
 MAINTENANCE OF WIFE

“Wife” Includes a woman who has been divorced by or has obtained a divorce from, her
husband and has not remarried.”-  Section 125(1) Explanation (b), CrPC 1973.

The wife must be paid maintenance after divorce until she gets married again. The idea
behind this is to let her live with her lifestyle and comfort that existed during her marriage,
and it must be paid until she gets remarried.

The Hindu Adoptions and Maintenance Act, 1956 Provisions

As per Section 18(1)3 of Hindu Adoption and Maintenance Act, 1956 the wife is entitled to
get the maintenance amount from her husband until she dies or he dies. the Hindu wife is also
entitled to take get maintenance even if she lives separately from her husband under
following grounds:

1. When the husband is liable for desertion.

2. When the husband is liable for cruelty.
3. When the husband is suffering from leprosy.
4. The husband by his conduct showed that wife was unwanted in the house and this act of
his amounts to cruelty.
5. The husband is liable for bigamy.
6. The husband converts his religion without the consent of the wife.4
However, the wife is not entitled to claim maintenance in the following circumstances 5:

1. She has ceased to be a Hindu by converting to another religion.

2. She is guilty of adultery i.e.; she is unchaste and indulged in physical relations with
another man.
3. She has remarried after the divorce.

Hindu Marriage Act, 1955 Provisions

3
The Hindu Marriage Act, 1955, §18(1)
4
Krishnendra Joshi, Maintenance of Wife under Hindu and Muslim Law, BLOG IP READERS, (MAY 14, 2019),
https://blog.ipleaders.in/maintenance-of-wife/, Last visited: 20/10/20
5
https://www.legalserviceindia.com/legal/article-1884-maintenance-under-hindu-law.html
Section 24 and Section 25 of the Hindu Marriage Act, 1955 relates to allowing maintenance
pendente lite and permanent maintenance respectively. In Kulbhushan Kumar (Dr) v/s Raj
Kumari6, the court while deciding the amount of maintenance observed that it is determined
based on the facts of each case and declared that if the court enhances or moulds the amount
of maintenance, then such a decision would be justified. It further declared that wife is
entitled to 25% of husband’s net income as maintenance.

 According to Section 247, if the court deems fit that if either of the spouses doesn’t have
sufficient earnings for proceedings of court or to bear other necessary expenses while the
proceedings are still continuing, then the court can pass an order telling the respondent to
pay maintenance.
 According to Section 25 8, the court can order the payment for maintenance to be made to
the claimant on permanent basis in periodical or monthly sums after the divorce
proceedings comes to the end.

Spousal maintenance is determined on the existence of various factors by the court as

follows:

 Time period for which marriage lasted

 Wife’s and Husband’s incomes and other properties
 Liabilities of the husband, such as dependent parents
 Social status and lifestyle of both the parties
 Age and health condition of both the parties
 Expenses for education and upbringing of the child/children9

Maintenance only to legally wedded wife

In the case of Yamunabai Anantrao Adhav  v. Anantrao Shivram Adhav10, it was held that
only a legally wedded wife is entitled to maintenance. A Hindu woman marrying a Hindu
male having a living wife, is not entitled to maintenance as this marriage is void

MAINTENANCE OF WIDOWED DAUGHTER-IN-LAW

6
Kulbhushan Kumar (Dr) v Raj Kumari, (1970) 3 S.C.C. 129
7
The Hindu Marriage Act, 1955, §24
8
The Hindu Marriage Act, 1955, §25
9
How is Alimony in India Calculated? ADITYA BIRLA CAPITAL (June 27, 2020),
https://www.adityabirlacapital.com/abc-of-money/how-is-alimony-calculated-in-India, Last visited: 20/10/2020
10
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) 2 S.C.C. 285
A husband is liable to pay maintenance to his wife after they get divorced. However, if the
husband is dead, it is the obligation of his father to pay maintenance to his daughter-in-law.
Section 19(1)11 of the Hindu Adoption and Maintenance Act states the same, but the father-
in-law shall only be liable to pay maintenance if:

1. His daughter-in-law has no sources of income;

2. She has no property to sustain herself on her own;
3. If she has some property, it is insufficient to meet her basic expenses
.
In case she has no property of her own and any property of her husband, parents or children
are not fetching her any maintenance.12

Section 19(2)13 lays down those conditions in which the liability to maintain the daughter-in-
law comes to an end. These conditions are as follows14:

1. Where the father-in-law does not have any means for maintenance out of coparcenary
property which was owned by her deceased husband;
2. Where the widowed daughter-in-law received any share in the coparcenary property;
3. Where she has remarried;
4. Where she has converted into other religion.

In Raj Kishore Mishra v Meena Mishra15, the court held that the obligation of father-in-law
shall not be enforceable if he has no means to maintain his daughter -in-law from any
coparcenary property in his obsession out of which daughter- in-law has not obtained any
share.

MAINTENANCE OF CHILDREN

11
The Hindu Marriage Act, 1955, §19(1)
12
Subodh Asthana, All you need to know about Adoption and Maintenance under Hindu Laws, BLOG IP
READERS (FEB.29,2020), https://blog.ipleaders.in/hindu-adoption-maintenance/#What_is_maintenance, Last
visited:20/10/21
13
The Hindu Marriage Act, 1955, §19(2)
14
Akshay Koundal, Rights of Widowed Daughter-in-law to claim maintenance under Hindu Law, SHARE YOUR
ESSAYS, https://www.shareyouressays.com/knowledge/rights-of-widowed-daughter-in-law-to-claim-
maintenance-under-hindu-law/117819, Last visited:20/10/21
15
Raj Kishore Mishra v. Meena Mishra, A.I.R. 1995 All. 70 (India)
It is the duty of both the parents to maintain their children.

Hindu Marriage Act, 1955 Provisions

According to Section 2616, the court may, from time to time, pass orders related to the
custody, maintenance and education of children or revoke any previous such order. While
passing all such orders, court considers the wishes of the children.

In D.Thimmappa v. R. Nagaveni17, it was held that “The court is entitled to grant

maintenance not only for the wife but also for children in view of section 26 of the Hindu
Marriage Act. The object behind section 26 of the Hindu Marriage Act is to take care of the
minor children while granting decree under the Hindu Marriage Act.”18

The Hindu Adoptions and Maintenance Act, 1956 Provisions

According to Section 2019, it is the duty of a Hindu whether a male or female to provide
maintenance to legitimate or/and illegitimate minor children or aged parents or unmarried
major daughter when they are unable to maintain themselves through any kind of earnings.

Father is obliged to maintain unmarried daughter

In the case of Jasbir Kaur Sehgal v District Judge, Dehradun20, it was held that unmarried
daughter is entitled to claim maintenance under The Hindu Adoptions and Maintenance Act,
1956. The father is obliged to maintain her unmarried daughters even if they are living
separately with their mother.

Both the parents (if earning) are obliged to maintain children

16
The Hindu Marriage Act, 1955, §26
17
D.Thimmappa v. R. Nagaveni, AIR 1976 Karnataka 2015
18
Pragati, Child Maintenance under Hindu Law, INDIAN LAW PORTAL, (JULY 8, 2010),
https://indianlawportal.co.in/child-maintenance-under-hindu-law/#_ftn3, Last visited: 20/10/20
19
The Hindu Adoptions and Maintenance Act, 1956, §20
20
Jasbir Kaur Sehgal v. District Judge, Dehradun, (1997) 7 S.C.C. 7 (India)
In the case of Padmja Sharma v. Ratan Lal Sharma21, it was held that both, a Hindu
divorcee father and a Hindu divorcee earning mother are obliged to contribute for
maintenance of their children under The Hindu Adoptions and Maintenance Act, 1956.

Illegitimate child can claim maintenance

In the case of Kalla Maistry v Kanniammal22, it was held that a claim for maintenance under
Section 20 can validly be made by an illegitimate child who is born of adulterous intercourse.

MAINTENANCE OF PARENTS

21
Padmja Sharma v Ratan Lal Sharma, (2000) 4 S.C.C. 266 (India)
22
Kalla Maistry v Kanniammal, A.I.R. 1963 M. 210 (India)
The Hindu Adoption and Maintenance Act, 1956 Provisions

Section 2023 also lays down an obligation of maintenance of old and infirm parents who are
not able to maintain themselves out of their own personal earnings and property. The HAM
ACT is the first statue in India, which imposes an obligation on the children to maintain their
parents. The obligation to maintain is not only limited to the sons but it also extends to the
daughters. Under this act, both the mother and the father have an equal right to claim
maintenance. The explanation to this section also includes stepmother in the term parent.24

In the case of Mst. Samu Bai & anr. v. Shahji Magan Lal, the Andhra Pradesh High Court
held that the maintenance to aged and infirm parents must only be provided if the
parents have no means to sustain themselves, or are unable to maintain themselves out of
their own property or earnings. So, we can infer that if the old parents have enough meant to
maintain themselves, the obligation of children to maintain them can be relaxed.

Maintenance and Welfare of Parents and Senior Citizens Act,2007 Provisions

Parent (father or mother whether biological, adoptive or step father or step mother, whether
senior citizen or not) or grand-parent (includes both maternal and paternal) who is unable to
maintain himself from his earnings is entitled to claim maintenance from one or more of his
adult children (son, daughter, grandson and grand-daughter but does not include a minor).
Obligation of the children to maintain their parents extends to such needs of the parents
which will allow them to lead a normal life. Additionally, this Act also makes provision for
maintenance of childless senior citizens (who has attained the age of sixty years or above) by
their relatives. The “relative” means any legal heir of childless senior citizen who is in
possession of his property or would inherit it after his death, but it does not include a minor.25

23
The Hindu Adoptions and Maintenance Act, 1956, §20
24
Y.J. Padma Sree, Maintenance under various laws, https://districts.ecourts.gov.in/sites/default/files/1-
Maintenance%20-%20by%20Smt%20YJ%20Padmasree.pdf, Last visited: 20/10/20
25
Devika Sharma, Maintenance- Children and Parents, SCC ONLINE, (Jan.10, 2019),
https://www.scconline.com/blog/post/2019/01/10/maintenance-children-and- parents/#:~:text=Hindu
%20Adoption%20and%20Maintenance%20Act,are%20unable%20to%20maintain%20themselves, Last visited:
20/10/2020
According to Maintenance and Welfare of Parents and Senior Citizens Act (Amendment)
Bill,2018, distant relatives can also be made liable to pay maintenance and ‘children’ will
include son-in-law and daughter-in-law also.

When can a stepmother claim maintenance from her stepson

In the case of Kirtikant D. Vadodaria v State of Gujarat 26 it was held that a childless
stepmother may claim maintenance from her stepson provided she is a widow or her husband,
if living, is incapable of supporting and maintaining her.

Conditions for grant of maintenance to parents and senior citizens under 2007 Act

In the case of M. Venugopal v. DM Kanyakumari27, it was held that senior citizens,

including parents, will be entitled to maintenance under Maintenance and Welfare of Parents
and Senior Citizens Act, 2007 if only they are unable to maintain themselves from their own
earnings or out of the income from the property owned by them.

MAINTENANCE OF DEPENDENTS
26
Kirtikant D. Vadodaria v. State of Gujarat, (1996) 4 S.C.C. 479 (India)
27
M. Venugopal v. DM Kanyakumari, 2014 S.C.C. OnLine Mad 5642
Dependents of a deceased must be maintained if they do not have the capacity to do so by
themselves. Section 2128 of the Hindu Adoptions and Maintenance Act,1956 defines
dependants and Section 2229 states that such persons shall be entitled to maintenance.30

The defendants under Section 2131 include: father, mother, widow, minor legitimate son,
minor illegitimate son, minor legitimate unmarried daughter, minor illegitimate unmarried
daughter, widow’s daughter, son’s widow, grandson’s widow, son’s unmarried daughter,
grandson’s unmarried daughter, son’s son’s minor son.

Do dependents need to be maintained?

Now that we have already seen who dependents are and why they need maintenance, let us proceed
further and see how to maintain them and who is obligated to maintain them.

Section 22 32of the act states33:

 That dependents of a deceased Hindu must be maintained by his heirs with the aid of the estate
that they inherited from the deceased.
 When the dependents have not been left with any share in the property or estate by way of will or
succession, they are still entitled to be maintained by whoever takes over the estate.
 If multiple persons have taken over the property of the deceased, each one of them will be liable
to maintain the dependents. 
 The amount of maintenance to be paid will be divided among them depending on the value of the
share they hold in that property.
 In case a dependent has obtained some part of share in the property of the deceased, they will not
be liable to maintain other dependents. 

HUSBAND’S RIGHT TO GET MAINTENANCE FROM HIS WIFE

28
The Hindu Adoptions and Maintenance Act, 1956, §21
29
The Hindu Adoptions and Maintenance Act, 1956, §22
30
Diva Rai, Is maintenance only for the wife or all under the Hindu Adoption and Maintenance Act, BLOG IP
READERS (Nov. 16, 2020), https://blog.ipleaders.in/is-maintenance-only-for-the-wife-or-for-all-under-the-hindu-
adoption-and-maintenance-act/, Last visited: 20/10/2020
31
The Hindu Adoptions and Maintenance Act, 1956, §21
32
The Hindu Adoptions and Maintenance Act, 1956, §22
33
Subodh Asthana, All you need to know about Adoption and Maintenance under Hindu Laws, BLOG IP
READERS (FEB.29,2020), https://blog.ipleaders.in/hindu-adoption-maintenance/#What_is_maintenance, Last
visited:20/10/21
There are provisions in Hindu Marriage Act,1955 for husband to claim maintenance from
wife. Under Section 24 of Hindu Marriage Act,1955 husband is entitled to claim
maintenance while the proceedings are going on if he is not in a condition to support
expenses of proceedings or other necessary expenses. Under Section 25 of Hindu Marriage
Act,1955 husband gets entitled to maintenance and permanent alimony in the form of
monthly or periodical sums.

In the case of Rani Sethi v Sunil Sethi34, the Delhi High Court ordered the wife to pay her
husband for the litigation expenses and also give a car for petitioner’s use.

In the case of Yashpal Singh v Anjana Rajput35, it was held that husband who incapacitates
himself intentionally loses the opportunity to file an application for filing for maintenance.

CRITERIA FOR CALCULATION OF MAINTENANCE UNDER HINDU LAW

Section 2336 of the act states that while deciding the amount of maintenance to be awarded to
a wife, children, or old and infirm parents – the court must do so considering the following:

a. The position and status of 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
f. The liabilities of the spouse providing maintenance

MAINTENANCE UNDER SECTION 125 CRPC

34
Rani Sethi v. Sunil Sethi, 2011 S.C.C. OnLine Del. 1632 (India)
35
Yashpal Singh v Anjana Rajput, A.I.R 2001 M.P. 67 (India)
36
The Hindu Adoptions and Maintenance Act, 1956, §23
Under Section 12537, magistrate has the authority to order a person to give maintenance in
case where that person despite of having sufficient means neglects or refuses to maintain
following people:

a. Wife who isn’t able to maintain herself (including divorced and not remarried)
b. His or her legitimate or illegitimate minor child, whether married or not, unable to
maintain itself
c. His or her legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is, by reason of any physical or mental abnormality or injury
unable to maintain itself
d. Married daughter till she attains majority if her husband isn’t unable to maintain her
e. His or her father or mother, unable to maintain himself or herself

Daughter is also obliged to maintain parents

In the case of Vijaya Manohar Arbat v Kashirao Rajaram Sawai 38, it was held that along
with a son, Section 125 CrPC imposes a liability even on a daughter whether married or
unmarried, having sufficient means to pay maintenance to her parents who are unable to
maintain themselves.

Judicially Separated wife can also claim maintenance

In the case of Sanju Devi v State of Bihar39, it was held that if a divorced wife is entitled to
maintenance, then there is no reason why a wife who is judicially separated is not entitled to
maintenance.

Children of void marriage entitled to maintenance

In the case of Bakulabai v Gangaram40, it was held that a child born out of a void marriage
between a woman and man who already has a wife is to be treated as a legitimate child who
is entitled to maintenance under Section 125 CrPC.

CONCLUSION

37
Code of Criminal Procedure, §125
38
Vijaya Manohar Arbat v. Kashirao Rajaram Sawai, (1987) 2 S.C.C. 278 (India)
39
Sanju Devi v State of Bihar, 2018 (1) R.C.R. (CRIMINAL) 196 (India)
40
Bakulabai v. Gangaram, (1988) 1 S.C.C. 537 (India)
A lot progress has been made with regard to provisions for maintenance. Not only wife but
also children, parents, widowed daughter-in-law and the Hindu male himself is entitled to
maintenance. The decision of court for wife being entitled to 25% of husband’s income has
been a landmark decision and is serving as blueprint for future cases. Also, Welfare of
parents and Senior Citizens Act, 2007 has proved to be quite favourable for old age citizens.
Section 125 CrPC incorporates a lot of provisions in itself which most of the times proves to
be a saviour.

BIBLIOGRAPHY
 Diva Rai, Concept of Maintenance in Hindu Marriage Act, 1955, BLOG IP READERS, (JUNE, 13,
2019), https://blog.ipleaders.in/concept-of-maintenance-in-hindu-marriage-act-1955/, Last visited:
20/10/20

 Subodh Asthana, All you need to know about Adoption and Maintenance under Hindu
Laws, BLOG IP READERS (FEB.29,2020), https://blog.ipleaders.in/hindu-adoption-
maintenance/#What_is_maintenance, Last visited:20/10/21
 Diva Rai, Is maintenance only for the wife or all under the Hindu Adoption and
Maintenance Act, BLOG IP READERS (Nov. 16, 2020), https://blog.ipleaders.in/is-
maintenance-only-for-the-wife-or-for-all-under-the-hindu-adoption-and-maintenance-
act/, Last visited: 20/10/2020
 Devika Sharma, Maintenance- Children and Parents, SCC ONLINE, (Jan.10, 2019),
https://www.scconline.com/blog/post/2019/01/10/maintenance-children-and-
parents/#:~:text=Hindu%20Adoption%20and%20Maintenance%20Act,are%20unable
%20to%20maintain%20themselves, Last visited: 20/10/2020

 Y.J. Padma Sree, Maintenance under various laws,

https://districts.ecourts.gov.in/sites/default/files/1-Maintenance%20-%20by%20Smt
%20YJ%20Padmasree.pdf, Last visited: 20/10/20
 Pragati, Child Maintenance under Hindu Law, INDIAN LAW PORTAL, (JULY 8, 2010),
https://indianlawportal.co.in/child-maintenance-under-hindu-law/#_ftn3, Last visited:
20/10/20
 Akshay Koundal, Rights of Widowed Daughter-in-law to claim maintenance under Hindu
Law, SHARE YOUR ESSAYS, https://www.shareyouressays.com/knowledge/rights-of-
widowed-daughter-in-law-to-claim-maintenance-under-hindu-law/117819, Last
visited:20/10/21
 How is Alimony in India Calculated? ADITYA BIRLA CAPITAL (June 27, 2020),
https://www.adityabirlacapital.com/abc-of-money/how-is-alimony-calculated-in-India,
Last visited: 20/10/2020