Who can claim maintenance?

The maintenance can be termed as financial support which is required after the marriage has terminated. A legally wedded wife, children, parents, and another dependent can claim under Section u/s 125 of Code of Criminal Procedure, 1973. But the second wife cannot claim maintenance, because that marriage will be forbidden by law. The second wife can claim the same only if the husband has concealed his first marriage from her.

Who cannot claim maintenance?

There are also circumstances in which a wife cannot claim maintenance from her husband. Those are:
1. If she is living separately from her husband without insufficient reason or
2. Due to personal mutual agreement or
3. If she can maintain herself.
4. Or if she is living in adultery or has committed adultery. A single act of sexual intercourse is generally sufficient to constitute adultery.
5. The divorcee women indulging her with the second marriage after her divorce also.
6. The married daughter who has attained the age of majority i.e. 18 years cannot claim maintenance from her father except her husband.

Mother & father

Both the mother & father can claim maintenance from their children. Her children include both the adoptive and natural ones. Even the parents can claim maintenance from her daughter. A step-mother can also claim maintenance from her un-natural sons & daughters if she is a widow and does not have natural-born sons & daughters.

Wife

A legally wedded wife can claim the maintenance from her husband if she is unable to maintain herself. The widow wife can also claim maintenance from her deceased husband’s father. If a wife is earning, but she is insufficient to maintain herself, then also she can claim maintenance from her husband.

Children

Children (male & female) can claim maintenance from their parents, who are legally wedded or not. They must be minors to claim maintenance. They may be married or unmarried. But an adult child cannot claim maintenance except the female daughter. A married daughter cannot claim maintenance from her father; she can claim maintenance from her husband only. Adult children can claim the same from their parents if they are not mentally and physically fit.

Who can pass the maintenance claim?

Currently, the government has established the family court in every district of the state to entertain these types of cases. And the cases are filed in the Court for passing the maintenance. Presently the family court has come up with the provision to take an affidavit from the parties regarding the income of parties, which has clear the income of the parties, according to the mentioned detail in the affidavit.

Where the petitioner can file the maintenance claim?

A wife can file maintenance proceedings in any place where her husband resides or wife resides or husband is physically present at the particular point of time or husband last resided with a wife. Parents can file maintenance proceedings in any place where they reside or the child resides.

Laws are applicable for maintenance in India:-
1. Family Courts Act, 1984
2. Hindu Adoptions And Maintenance Act, 1956
3. Protection of Women From Domestic Violence Act, 2005
4. Protection of Women From Domestic Violence Rules, 2006
5. Hindu Marriage Act, 1955
6. Muslim Women (Protection of Rights on Divorce) Act, 1986
7. Muslim Women (Protection of Rights on Divorce) Rules, 1986
8. Maintenance And Welfare of Parents And Senior Citizens Act, 2007
9. Maintenance Orders Enforcement Act, 1921
10. Special Marriage Act, 1954
11. Divorce Act, 1869

The following directions are issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh through the case of Jaspreet vs. Gurleen Kaur and also to all Courts handling matrimonial litigation in the said states:

  •  the Courts shall insist upon the parties to furnish “Affidavit of assets, income and expenditure” in the format reproduced above;
  •  the Courts would be at liberty to modify the format and the directions as may be deemed necessary in the facts and circumstances of the case;
  • in exceptional cases, the Court may also dispense with the aforesaid requirement of furnishing affidavits especially in cases where the parties belong to the lowest section of society and are not likely to be possessed of the sources detailed in the format or where the Court thinks that directing the party to furnish such affidavit would cause unnecessary inconvenience to the party and is not likely to render any fruitful purpose;
  • in case it is found that any of the party is making a deliberate attempt to conceal vital information or is trying to mislead the Court, then apart from the penal action which may be warranted on account of such concealment/false statement, it shall be open to the Court to consider drawing an adverse inference against such party if the conduct of such party so warrants;
  • the Courts concerned may also issue directions to the parties about the filing of requisite affidavits even in pending cases in case it is felt that the parties are not forthcoming with the requisite information about their sources of income;
  • the Courts would be competent to issue any direction at any stage of the proceedings to any of the parties to elicit such information as may be required to reach a just decision in the matter about the award of maintenance;
  • in case it is found that requisite information as regards resources of any of the parties is not forthcoming, the Courts could even consider the appointment of a local commissioner to visit the place of abode or business of any of the parties to get an idea about the standard of living and social status of the parties.

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