The hindu marriage act, 1955 act 25 of 195518th may, 1955. The hindu adoptions and maintenance act, 1956 act no. Government of india law commission of india report. There is no conflict between both the legal provisions. Provisions of maintenance of wife under hindu adoption and. To remove this incapacity, this rule has been altered by 3 acts namely. Hindu law is one of the oldest systems of personal law. The hindu adoptions and maintenance act, 1956 free. Download the pdf from the orange download button below. Father is not exclusively responsible to maintain children regardless of mother being affluent, padmja sharma v. Act, 1959, was enacted to amend and codify the law relating to adoptions and maintenance among hindus, and it defines. Right to maintenance forms a part of the personal law. The hindu transfers and bequests act 1914, hindu disposition of property act 1916, and. Chapter i of hindu adoptions and maintenance act, 1956 preliminary 1.
The right of maintenance under hindu law is very ancient and it was one of the primary necessities of the joint family system. All rules made under this section shall be laid before the state legislature, as soon as may be, after they are made. Short title and extent 1 this act may be called the hindu marriage act, 1955. Download the ebook pdf for the hindu adoptions and maintenance act, 1956. When the wife files a maintenance petition through her divorce attorney, the burden to declare his income shifts to the husband, who has the right to defend the maintenance petition. Hence, a second wife is entitled to all the rights as the first. Here we have also given some reference books and related books pdf. Both, a hindu divorcee father and a hindu divorcee earning mother are obliged to contribute for maintenance of their children under the hindu adoption and maintenance act, 1956. Under the hindu marriage act, an order for maintenance may be made by the court. Classroom live lectures edited, enlarged and updated. A hindu woman enjoys more rights than muslim women. Law of adoption under hindu law and adoption regulations made under juvenile justice act by harpreet kaur, advocate.
According to mulla, children in easy circumstances should maintain his father and mother even if they maybe able to earn something. Sources of hindu law new sources principles of equity where there is no rule of hindu law and no proof of existence of customs, rules of justice, judicial decisions almost all the important points of hindu law are now available in law reports and journals. Rights of widowed daughterinlaw to claim maintenance under hindu law. The term hindu law is a colonial construction, and emerged after the colonial rule arrived in south asia, and when in 1772 it was decided by british colonial officials, that european common law system would not be implemented in india, that hindus of india would be ruled under their hindu law and muslims of india would be ruled under. It is either an incident of the relationship between the parties, which leads to a personal obligation to pay maintenance. The wife of a muslim man, whether she is the first wife or the second, has the right to claim maintenance from her husband. This subject matter has been one of the most controversial ones, and has undergone many changes over the years. Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. Concept of maintenance in hindu marriage act, 1955 ipleaders. C provisions under the hindu adoptions and maintenance act, 1956. The hindu husband is under a duty to maintain his wife during life time. 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. Maintenance to wife is a very complicated issue under hindu marriage act.
It is the liability of husband under muslim law to maintain his wife even after divorce. This may be an inadequacy in law, which only the legislature can undo. Hindu adoptions and maintenance act, 1956 updated 2019 an act to amend and codify the law relating to adoptions and maintenance among hindus. Before granting permission to a guardian under subsection 4 the court. Under the act, the wife, daughterinlaw, children, elderly parents and other dependents have a right to claim maintenance. As per section 181 of hindu adoption and maintenance act, 1956 the hindu wife is entitled to get the maintenance amount from. Unlike hindu law, such marriage, while the first marriage subsists is not declared void. In india the religions like muslims, christians, jews and parsis do not have their own personal law governing adoption because of which they cannot adopt a child and give himher his family name. Right of hindu wife to maintenance under section18. Under muslim law, as discussed above men are considered superior to women and women in all cases is considered to be dependent on men. Obligation of a husband to maintain his wife arises out of the status of the marriage. Please click on the below links for more information.
Under muslim law in india, maintenance is known as nafqah. Comparative study of laws of maintenance in hindu, muslim. Shariyat act, 1937quranmuslim women protection of rights on divorce act, 1986. People who are searching for the hindu adoptions and maintenance act, 1956 books can find here. To the students of law, a study of this is a sine qua non as it. The modern hindu law lays down that a hindu wife is entitled to be maintained by her husband during her lifetime. Under hindu law, the maintenance for wife deals with the specific and relevant provisions of modern hindu law. Generally speaking, therefore, it would be the duty of the husband to pay the wifes costs in any matrimonial proceedings, and also to provide such maintenance and support pending the disposal of such proceeding. The hindu law of inheritance amendment act, 1929 the hindu marriage disabilities removal act, 1946 the hindu married womens right to separate residence and maintenance act, 1946 the hindu widows remarriage act, 1856 the hindu womens rights to property extension to agricultural land act, 1943. It is remarkable for its simplicity and practicability.
A hindu wife is entitled to maintenance if she lives separate from her husband for a justifiable cause. According to ancient texts the fatherinlaw was neither under any legal obligation nor any personal obligation to provide maintenance to widowed daughterinlaw. Under section 24, the court can, in its discretion, grant maintenance to a spouse with no independent income while the. Maintenance under hindu marriage act india lawindian. Whether a marriage performed according to customary rites and ceremonies, without strictly fulfilling the requisites of section 71 of the hindu marriage act, 1955, or any other personal law would entitle the woman to maintenance under section 125 cr. They can only become the guardian of the child under guardians and. The court, however, held that the illegitimate children from the second wife are entitled to such maintenance.
Hindu earning mother is also obliged to maintain children. No interim maintenance for qualified woman, rules judge rahi gaikwad. The hindu marriage act punjab and haryana high court. Here we have given the hindu adoptions and maintenance act, 1956 ebook pdf. The area of drawback of the case has been found during the procedure of the investigation of the administrative arrangements and the assessment of the legal professions. Section 18 of hindu adoption and maintenance act, 1956. Right of hindu wife to maintenance under hindu adoption and. Under the english matrimonial system, the right of a wife for maintenance is a wellrecognised incident of the status of matrimony. Maintenance of wife under hindu law deals with the relevant provisions of modern hindu law regarding the maintenance of wife. It is a noteworthy fact that the maintenance of wife under the hindu marriage act, 1955 and the hindu adoption and maintenance act, 1956. Sikh, buddhist and jains follow hindu personal law because they dont have separate personal law. Marriage, according to the hindu law, is a holy union for the performance of religious duties. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can.
A wife who ceased to be hindu cannot claim maintenance under the modern law. Hindu law or by any custom or usage as part of that law in respect of any of the. According to my understanding the maintenance of the women in the joint family system was an important system and this was followed as a tradi tion which governed the families. The right to maintenance of a muslim woman is absolute and not conditional on whether she can maintain herself or not. Under hindu adoptions and maintenance act, 1956 the adopted child must fall under the hindu category. It is often stated as a mean to exploit the husband by asking alimony for life. Here, we are going to discuss the maintenance of wife and children under muslim law. Besides this the wife only has an alternate remedy in terms of maintenance under section 125 under criminal procedure code to the extent of a maximum of rs. Under old hindu law, a hindu male was under an obligation to maintain the following persons. Rights of widowed daughterinlaw to claim maintenance. In other words, it can be said that all persons different from mussalman, christain,parsi or jew are hindu and the hindu law applies over them, who are i atheist or ii believes in all religion, or iii believes in religion which is maximum of all.
The provision relating to maintenance under any personal law is however, distinct and separate from section 125. Be it enacted by parliament in the seventh year of the republic of india as follows. Valid adoption under hindu adoptions and maintenance act, 1956. There are different laws like hindu marriage act, 1955, the hindu succession amendment act, 2005, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956 which govern the personal laws of the. Under the hindu maintenance laws, there are 2 types of maintenance that can be claimed by the wife. What are the maintenance pendente lite and expenses of. Classroom live lectures edited, enlarged and updated msrlawbooks. Law of maintenance in india under personal laws an analysis. The hindu transfers and bequests city of madras act 1921.
Under pure hindu law, a gift cannot be made in favour of a person who was not in existence at the date of the gift. Maintenance under hindu adoption and maintenance act, 1956 maintenance maintenance means the right of dependents to obtain food, clothing, shelter, medical care, education, and reasonable marriage expenses for marriage of a girl, from the provider of the family or the inheritor of an estate. Indian laws relating to maintenance legal service india. Muslims in india are governed by their personal law. Maynes hindu law usage, 15 th edition, bharat law house, new delhi. Right to maintenance section 125 crpc legal service india. A person is entitled to maintenance under section 125 despite having obtained an order under the applicable personal law. Nafqah is the amount that a man spends on his family. Under the muslim law, similar to the hindu law, children have an obligation to maintain their parents. This paper deals with the concept of maintenance of women after dissolution of marriages under muslim law. The evaluation of the judicial pronouncements in which the. The hindu adoption and maintenance act lays down the provisions relating to maintenance rights of a woman under hindu laws.
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