Marriage Obligations
Duty to maintain spouse and children
Under Indian law, particularly the Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956, marriage imposes several legal and moral duties upon spouses. Among these, the primary obligation is to maintain one’s spouse and children.
Legal Basis of Maintenance
- Section 18 of the Hindu Adoption and Maintenance Act, 1956: A wife is entitled to maintenance from her husband during her lifetime unless she is unchaste or converts to another religion.
- Section 20: Obligation extends to legitimate and illegitimate children and to aged/infirm parents.
- Section 125 of the CrPC: Provides a secular remedy applicable to all religions, ensuring that dependents, including wives and children, are not left destitute.
What constitutes maintenance?
Maintenance includes food, clothing, shelter, education, and medical care. The amount is based on:
- The status and lifestyle of the parties
- The reasonable needs of the claimant
- The income and liabilities of the person liable
Illustrative Example:
Example 1. A husband earning ₹70,000 per month deserts his wife and 2 minor children. The wife is unemployed and has no source of income.
Answer:
The wife can file a claim under Section 125 CrPC or Section 18 of the Hindu Adoption and Maintenance Act. The court may grant ₹15,000 to ₹20,000/month based on the needs of the wife and children and the earning capacity of the husband.
Duty to perform marital obligations
Marriage in Hindu law is not merely a contract but a sacrament. Hence, spouses are expected to perform certain marital obligations and duties toward each other. These include both physical cohabitation and emotional companionship.
What are marital obligations?
- Conjugal rights: Each spouse has the right to consortium (i.e., companionship, sexual relations, affection, and joint living).
- Mutual respect and fidelity: Spouses must remain faithful and supportive of one another.
- Shared responsibilities: Including parenting, financial duties, emotional care, and support in sickness.
Legal Enforcement of Marital Duties
- Section 9 of the Hindu Marriage Act: Either spouse may seek Restitution of Conjugal Rights if the other withdraws from society without just cause.
- Non-performance of marital duties can be grounds for:
- Judicial separation (Section 10)
- Divorce (Section 13) on grounds such as cruelty or desertion
Illustrative Example:
Example 2. A wife leaves the matrimonial home without informing her husband and refuses to return despite repeated requests. The husband files for Restitution of Conjugal Rights under Section 9.
Answer:
If the wife is unable to prove any valid reason such as cruelty or fear for personal safety, the court may grant a decree directing her to resume marital cohabitation with her husband.
Guardianship and Maintenance Obligations
Obligations of Natural Guardians
Under the Hindu Minority and Guardianship Act, 1956, a natural guardian is the person legally responsible for the care of a minor child and the management of their property.
Who is a Natural Guardian?
- For a boy or an unmarried girl: The father is the natural guardian; after him, the mother.
- For an illegitimate boy or girl: The mother is the natural guardian, followed by the father.
- For a married girl: The husband is her guardian.
Section 6 of the Act defines these roles, and the guardian must act in the best interest of the child’s welfare.
Duties of a Natural Guardian:
- Provide for education, medical treatment, food, clothing, and shelter.
- Manage and protect the minor’s movable and immovable property.
- Cannot transfer or mortgage the minor’s property without the court’s permission (as per Section 8).
- Act in accordance with the welfare and benefit of the minor.
Restrictions under the Law:
The guardian cannot:
- Enter into contracts on behalf of the minor unless permitted by law.
- Bind the minor in business obligations.
- Alienate property without court approval.
Illustrative Example:
Example 1. A father sells his minor son’s land without obtaining court permission.
Answer:
Such a sale is voidable at the instance of the minor on attaining majority. The father, being the natural guardian, had no authority under Section 8 to alienate the property without court approval.
Obligations to maintain dependants
Wife, minor children, aged parents
Under the Hindu Adoption and Maintenance Act, 1956, Sections 18 to 22 clearly outline the obligations of a Hindu to maintain his or her dependants. This duty arises out of both moral and legal obligations.
Dependants include:
- Wife (even if living separately without divorce, unless disqualified)
- Minor sons and unmarried daughters
- Aged/infirm parents
- Widowed daughter-in-law
- Illegitimate children
Extent of Obligation
- The obligation is personal and continues during the lifetime of the person liable to maintain.
- Maintenance includes all basic necessities: food, clothing, residence, medical attendance, and education (for children).
- The obligation continues even if the person has parted with property, provided the dependants are unable to maintain themselves.
Maintenance of Wife:
As per Section 18(1), a Hindu wife is entitled to be maintained by her husband during her lifetime, so long as she remains chaste and has not converted to another religion.
Maintenance of Children:
Under Section 20, the obligation to maintain both legitimate and illegitimate minor children (including unmarried daughters) is absolute, irrespective of the parent’s gender.
Maintenance of Aged Parents:
Section 20(1) also extends this duty to aged or infirm parents, irrespective of whether they live jointly or separately.
Illustrative Example:
Example 2. A Hindu man dies leaving behind his widow, minor daughter, and aged mother. He leaves property worth ₹30 lakhs.
Answer:
The dependants—widow, daughter, and mother—are entitled to be maintained out of the deceased’s estate. The obligation falls on his heirs and the property inherited by them, as per Section 22 of the Act.
Succession Obligations
Rights of heirs in ancestral property
In Hindu law, ancestral property is property inherited up to four generations of male lineage. It is subject to birthright claims under the Mitakshara School of Hindu law.
What is Ancestral Property?
- Property inherited by a Hindu male from his father, grandfather, or great-grandfather.
- It must remain undivided to retain its ancestral character.
Key Rights of Heirs:
- Coparcenary Right: Every male Hindu becomes a coparcener by birth in ancestral property under Mitakshara law.
- Daughters' Rights: After the 2005 Amendment to the Hindu Succession Act, daughters also become coparceners with equal rights as sons.
- Right to Seek Partition: Any coparcener can demand partition and claim their share.
- Equal Share: Property is divided equally among all living coparceners.
Distinction from Self-Acquired Property:
Heirs do not have a right in the self-acquired property of a Hindu until the owner dies intestate (without a will). But in ancestral property, the right accrues by birth.
Illustrative Example:
Example 1. A Hindu male inherits property from his grandfather. He has two sons and a daughter. He wants to gift the entire property to one son only.
Answer:
If the property is ancestral and undivided, he cannot gift it arbitrarily. Each child, including the daughter, has an equal coparcenary right. The gift can be challenged in court.
Rights of survivorship (Mitakshara) vs. inheritance (Dayabhaga)
Hindu Succession is governed by two principal schools of law:
- Mitakshara School: Predominant across most of India.
- Dayabhaga School: Followed mainly in West Bengal and Assam.
Mitakshara School – Rule of Survivorship
Under Mitakshara law, the right to property arises by birth. Property devolves through the doctrine of survivorship, meaning when one coparcener dies, their share passes automatically to surviving coparceners (subject to the 2005 amendment).
Key Features:
- Coparcenary consists of male members and (since 2005) daughters.
- No coparcener has a definite share until partition.
- Property passes to survivors rather than legal heirs (before 2005).
Dayabhaga School – Inheritance Rule
Under Dayabhaga law, property is not inherited by birth but by succession (inheritance) after the death of the father.
Key Features:
- No concept of birthright or survivorship.
- Father has complete control over property during his lifetime.
- On his death, the property devolves upon heirs.
- Daughters may also inherit, even prior to the 2005 amendment.
Comparative Table:
| Aspect | Mitakshara | Dayabhaga |
|---|---|---|
| Right arises by | Birth | Death (Inheritance) |
| Control during lifetime | Limited – coparceners have rights | Absolute control with father |
| Coparcenary exists? | Yes | No |
| Daughters as coparceners | Yes (after 2005) | Inheritance allowed earlier too |
| Jurisdiction | Rest of India | West Bengal and Assam |
Illustrative Example:
Example 2. In a Dayabhaga family in Kolkata, a father dies leaving behind two sons and a daughter. How will the property devolve?
Answer:
As per Dayabhaga law, since the property is inherited upon the father's death, all three children—two sons and the daughter—will inherit as legal heirs. There is no survivorship doctrine here.