Maintenance laws in India

 Maintenance laws in India:

Author: Advocate Sivamanikumaran


How and who can get maintenance?

There are several provisions in Criminal Procedure Code, Domestic Violence Act, Hindu Marriage Act, Hindu Adoption and Maintenance act, Maintenance and welfare of parents and senior citizens act are elaborately discussed about Maintenance related issues.


Maintenance for elderly parents: Maintenance for elderly parents shall be given by their heirs. i.e both son and daughter who earned. If any property given to heirs, the heirs doesn't take care of the parents, the property given by parents can be revoked through MWPSC act.

Maintenance for wife: Husband shall pay maintenance to his wife even if he has no income. ⅓ of the husband's salary can be attached as maintenance to the wife.  

Maintenance for children: Father of children shall pay for maintenance to their children until the children attain majority. If a female child doesn't have any personal income she can get maintenance from father until she gets married.

Maintenance for husband: If a husband has no income and is physically unable to maintain himself then he can get maintenance from wife's salary or other sources of income.

Maintenance under Islam :

Muslim women can get maintenance under CrPC section 125. 

Maintenance laws can be enforced through various jurisdictions.
                                                                                                                              

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