Section 24 of the Hindu Marriage Act, 1955

Section 24 of the Hindu Marriage Act, 1955

Section 24 of the Hindu Marriage Act, 1955 provides for the grant of maintenance and expenses to a spouse during the pendency of matrimonial proceedings under the Act. This is commonly known as maintenance pendente lite (meaning "maintenance pending litigation").

Section 24 states: "Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the monthly during the proceeding such sum having regard to the petitioner's own income and the income of the respondent, as it may seem to the court to be reasonable, and also to pay the necessary expenses of the proceeding."

Maintenance pendente lite (during proceedings)

The purpose of maintenance pendente lite is to provide financial support to the economically weaker spouse during the time the matrimonial case (like petition for divorce, judicial separation, nullity, or restitution of conjugal rights) is ongoing in court. This ensures that the disadvantaged spouse is not left in a state of destitution and has the financial means to maintain themselves and contest or pursue the litigation effectively.

Key aspects of maintenance pendente lite:

• Applicability: Available in any proceeding under the Hindu Marriage Act, 1955.
• Who can claim: Either the wife or the husband can claim maintenance pendente lite. It is not a right exclusive to the wife; a financially dependent husband can also seek it from an earning wife.
• Condition: The claimant spouse must show that they have no independent income sufficient for their support and the necessary expenses of the proceeding.
• Assessment: The court considers the income of both the petitioner (claimant) and the respondent (the spouse from whom maintenance is sought) to determine a reasonable monthly sum for maintenance during the proceedings. The object is to provide support, not necessarily to equate living standards, though the respondent's financial capacity is a key factor.
• Duration: The order for maintenance pendente lite remains in force only during the pendency of the main matrimonial proceeding. It ceases to operate once the main case is decided.

The application for maintenance pendente lite is usually decided relatively quickly compared to the main case itself, recognising the immediate need for financial support.

Expenses of proceedings

In addition to monthly maintenance, Section 24 also allows the court to order the respondent spouse to pay the necessary expenses of the proceeding to the petitioner spouse. This covers costs like court fees, legal fees (advocate's fees), and other incidental expenses incurred in pursuing or defending the matrimonial case.

This provision is crucial to ensure that the lack of financial resources does not prevent a spouse from accessing justice in matrimonial disputes. If the petitioner spouse is unable to bear the costs of litigation, the court can direct the respondent spouse (who has sufficient means) to cover these expenses.

The order for expenses is usually a one-time payment or payments made at different stages of the litigation, distinct from the monthly maintenance amount.

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Section 25 of the Hindu Marriage Act, 1955

Section 25 of the Hindu Marriage Act, 1955

Section 25 of the Hindu Marriage Act, 1955 deals with the provision for permanent alimony and maintenance. This is granted upon the passing of a decree in any matrimonial proceeding under the Act (divorce, judicial separation, nullity, etc.). It provides for financial support to a spouse after the legal relationship has been altered or dissolved.

Section 25(1) states: "Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent."

Permanent alimony and maintenance

The remedy under Section 25 provides for long-term or permanent financial support. It can be in the form of a gross (lump) sum or a monthly or periodical payment. It can be granted at the time the final decree in the matrimonial case is passed or anytime thereafter, upon application by either the husband or the wife.

Like maintenance pendente lite, permanent alimony can be claimed by either the wife or the husband. The duration of the payment can be for a specified term or for the lifetime of the applicant, as the court deems just.

Factors considered by the court

When deciding whether to grant permanent alimony and maintenance, and determining the amount, the court considers various factors to ensure a just outcome. Section 25(1) explicitly lists some of these factors:

1. Respondent's Income and Other Property: The financial capacity of the spouse from whom maintenance is sought, including their earning capacity, assets, and liabilities.

2. Applicant's Income and Other Property: The financial needs and resources of the spouse claiming maintenance, including their earning capacity (even if currently not earning), assets, and liabilities.

3. Conduct of the Parties: The behaviour and conduct of both spouses during the marriage and related to the proceedings. For instance, if the applicant was primarily responsible for the breakdown of the marriage through grave matrimonial misconduct (like adultery or cruelty), it might affect their entitlement to maintenance, although fault is generally not the sole criterion.

4. Other Circumstances of the Case: This is a broad category allowing the court to consider all relevant factors, such as:

• The duration of the marriage.
• The age and health of the parties.
• The standard of living enjoyed during the marriage.
• The needs of the children, if any.
• Whether the applicant is capable of supporting themselves.
• Any agreements between the parties (though not binding, can be persuasive).

The court aims to provide support that allows the applicant spouse to maintain a reasonable standard of living, somewhat comparable to what they were accustomed to, without imposing an undue burden on the respondent spouse. The order can be varied or rescinded under Section 25(2) and (3) if there is a material change in circumstances or if the recipient remarries or engages in certain misconduct.

Answer:

Section 125 of the Code of Criminal Procedure, 1973

Section 125 of the Code of Criminal Procedure, 1973

Maintenance for wife, children, and parents

While the Hindu Marriage Act, 1955 provides for maintenance within the context of matrimonial disputes under that specific Act, Section 125 of the Code of Criminal Procedure, 1973 (CrPC) provides a secular and summary remedy for maintenance. It applies to all persons, irrespective of religion, although Muslim personal law has specific provisions regarding maintenance after divorce that interact with Section 125.

Section 125 CrPC is a measure to prevent destitution and vagrancy. It allows certain persons to claim monthly maintenance from their relatives who have sufficient means but neglect or refuse to maintain them.

The persons who can claim maintenance under Section 125 are:

1. Wife: A wife who is unable to maintain herself. This includes a divorced wife who has not remarried. The term "wife" includes a woman who has been divorced from her husband and has not remarried.

2. Legitimate or Illegitimate Minor Child: Any legitimate or illegitimate minor child, whether married or not, who is unable to maintain itself.

3. Legitimate or Illegitimate Child (not minor) with Physical/Mental Abnormality: A legitimate or illegitimate child (not being a minor child) who is unable to maintain itself by reason of any physical or mental abnormality or injury.

4. Father or Mother: His father or mother, who is unable to maintain himself or herself.

A Magistrate of the First Class can order the liable person to pay a monthly allowance for the maintenance of these individuals.

Primary remedy for wife and children

Section 125 CrPC is often considered a primary or readily accessible remedy for a wife and children seeking maintenance, particularly when they are in immediate need of financial support. Reasons for this include:

1. Summary Procedure: The proceedings under Section 125 are designed to be summary in nature, aiming for a quicker resolution compared to a full-fledged civil suit for maintenance or matrimonial proceedings under personal laws.

2. Secular Application: It applies to all individuals irrespective of their religion, providing a common minimum standard of social justice in matters of maintenance.

3. Easier Proof: The focus is primarily on proving the relationship (wife, child, parent), the neglect or refusal to maintain, and the inability of the claimant to maintain themselves, and the means of the respondent. Complex issues of matrimonial fault are generally less relevant under Section 125, unlike maintenance claims within divorce proceedings where conduct can be a factor.

4. Enforcement: The order is passed by a Magistrate, and non-compliance can lead to the issuance of a warrant for levying the amount due, and imprisonment for each month's default (up to one month). This provides a relatively effective mechanism for enforcement.

While Section 125 provides a basic level of maintenance, the amount awarded may sometimes be lower than what could be obtained as permanent alimony under personal laws like Section 25 of the Hindu Marriage Act, 1955, which considers the status and standard of living. However, Section 125 serves as a vital first step for immediate relief.

A person can claim maintenance under Section 125 CrPC simultaneously with or separately from seeking relief under personal laws. However, if an order is passed under a personal law providing for maintenance, any order under Section 125 is typically adjusted or cancelled to avoid double recovery of maintenance.

Answer:

Definition of "Dependent" (Section 21)

Definition of "Dependent" (Section 21)

The Hindu Adoptions and Maintenance Act, 1956 (HAMA) is another key legislation that codified certain aspects of Hindu Personal Law, including the law of maintenance. Unlike the Hindu Marriage Act, 1955, which primarily deals with spousal maintenance in the context of matrimonial proceedings, HAMA deals with the obligation of a Hindu to maintain certain relations based on their status within the family, independent of marital disputes (though it includes the wife). The concept of "dependent" is central to determining who is entitled to maintenance under this Act.

Section 21 of the Hindu Adoptions and Maintenance Act, 1956 provides a list of persons who are to be considered as "dependents" of a deceased Hindu for the purpose of claiming maintenance from his or her heirs.

Section 21 states:

"Dependants" means the following relatives of the deceased who were maintained by him at the time of his death or, where the deceased is a female, who would have been maintained by her had she been living; --

(i) his or her father;

(ii) his or her mother;

(iii) his widow, so long as she does not re-marry;

(iv) his son or the son of his predeceased son or the son of a predeceased son of his predeceased son, so long as he is a minor:

provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a great-grandson from the estate of his father or mother or father's father or father's mother;

(v) his unmarried daughter or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried:

provided and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her father's or mother's estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or father's mother;

(vi) his widowed daughter:

provided and to the extent that she is unable to obtain maintenance from the estate of her husband or her son or daughter or her father-in-law or her mother-in-law or from her own property or earnings;

(vii) his widowed daughter-in-law:

provided and to the extent that she is unable to obtain maintenance from her husband's estate or her son or daughter or her father or mother or from her own property or earnings;

(viii) his minor illegitimate son so long as he remains a minor;

(ix) his illegitimate daughter so long as she remains unmarried.

Wife, minor children, aged or infirm parents, etc.

Based on the definition in Section 21, the following persons are considered dependents for the purpose of claiming maintenance from the heirs of a deceased Hindu:

• Father: Of the deceased.
• Mother: Of the deceased.
• Widow: Of the deceased husband, as long as she does not remarry.
• Minor Son: Son of the deceased, or minor son of a predeceased son/grandson, provided they are unable to obtain maintenance from their own closer relatives' estates.
• Unmarried Daughter: Daughter of the deceased, or unmarried daughter of a predeceased son/grandson, as long as she remains unmarried and is unable to obtain maintenance from her own closer relatives' estates.
• Widowed Daughter: Of the deceased, provided she is unable to obtain maintenance from her husband's estate, her children, her in-laws, or her own means.
• Widowed Daughter-in-law: Of the deceased, provided she is unable to obtain maintenance from her husband's estate, her children, her parents, or her own means.
• Minor Illegitimate Son: Of the deceased, as long as he is a minor.
• Illegitimate Daughter: Of the deceased, as long as she remains unmarried.

It's important to note that Section 21 primarily defines dependents for the purpose of claiming maintenance from the heirs of a deceased Hindu out of the estate inherited by them. However, the obligation of a Hindu to maintain certain relatives during their lifetime is covered separately in Section 20.

Obligation of a Hindu to Maintain Dependents (Section 20)

Obligation of a Hindu to Maintain Dependents (Section 20)

Section 20 of the Hindu Adoptions and Maintenance Act, 1956 deals with the obligation of a Hindu to maintain certain relations during their lifetime. This is a personal obligation arising from the relationship, irrespective of whether they possess any property.

Section 20(1) states: "Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents."

Section 20(2) adds: "A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor: Provided that the obligation of a father or mother to maintain a minor daughter who is married shall cease if she is able to maintain herself."

Section 20(3) provides: "The obligation of a person to maintain his or her aged or infirm parent or a daughter who is not a married daughter shall extend in a case where such parent or daughter is unable to maintain himself or herself out of his or her own earnings or other property."

Maintenance of Wife

While Section 20 lists children and parents, the obligation of a Hindu husband to maintain his wife during his lifetime is a fundamental aspect of Hindu Law and is covered under other provisions, notably Section 18 of HAMA.

Section 18(1) of HAMA states: "Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime."

Section 18(2) lists grounds upon which a wife can claim separate residence and maintenance from her husband (e.g., desertion, cruelty, leprosy, having another wife, husband's adultery, husband's conversion, any other cause justifying separate living). Even if she is living separately, the husband is bound to maintain her if she has a just cause. Her right to maintenance ceases if she is unchaste or converts to another religion (Section 18(3)).

Thus, the obligation to maintain the wife arises during the husband's lifetime, and she can enforce this right by filing a civil suit for maintenance under HAMA.

Maintenance of Children and Aged Parents

Section 20 of HAMA places a clear obligation on both Hindu father and mother to maintain:

• Legitimate or Illegitimate Minor Children: Both parents are bound to maintain their minor children, whether born within or outside marriage, as long as they are minors. For a minor married daughter, the obligation ceases if she is able to maintain herself.
• Aged or Infirm Parents: Both sons and daughters have a personal obligation to maintain their aged or infirm parents who are unable to maintain themselves out of their own earnings or property.
• Unmarried Daughter (Adult): The obligation to maintain a daughter who is not a minor and is unmarried extends to cases where she is unable to maintain herself out of her own earnings or property. This acknowledges the continued need for support for unmarried adult daughters in certain circumstances.

This obligation is personal and arises irrespective of the parents' or children's possession of property. It is based on the relationship and the inability of the dependent to maintain themselves. This provides a basis for children and parents to claim maintenance from their relatives, distinct from the provisions under Section 125 CrPC (which is a summary remedy and has a ceiling on the amount, though the ceiling has been removed by amendments in some states) or maintenance in matrimonial disputes.

Amount of Maintenance

Amount of Maintenance

When a court is called upon to determine the amount of maintenance to be awarded under the Hindu Adoptions and Maintenance Act, 1956, it is guided by Section 23 of the Act. This section specifies the factors that the court must consider to arrive at a just and reasonable amount.

Section 23(1) states that it shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded, and in doing so, the court shall have due regard to the provisions of the section.

Factors considered by the court (Section 23)

Section 23(2) lists the factors to be considered when determining the amount of maintenance for a wife, children, and aged or infirm parents:

1. The position and status of the parties: The court considers the social standing and position of both the claimant and the person who is obligated to pay maintenance. This helps determine the appropriate standard of living to be maintained.

2. The reasonable wants of the claimant: The court assesses the necessary and reasonable expenses of the person claiming maintenance, including needs for food, clothing, shelter, medical care, and education (for children).

3. If the claimant is living separately, whether the claimant is justified in doing so: This factor is particularly relevant for a wife claiming maintenance while living separately from her husband (under Section 18) or an adult daughter living separately. The court will examine if the reason for separate residence is valid and justified by the obligor's conduct.

4. The value of the claimant's property and any income derived from such property, or from his or her own earnings or from any other source: The court considers the financial resources available to the claimant, including their assets, income from property, earnings from employment or business, and any other form of income.

5. The number of persons entitled to maintenance under this Act: If the person obligated to pay maintenance has multiple dependents (like wife, children, parents) who are all entitled to maintenance under HAMA, the court will take into account the total burden to be placed on the obligor's resources.

Section 23(3) specifically deals with the calculation of the amount of maintenance for Dependents (those claiming maintenance from the estate of a deceased Hindu under Section 22, which refers to the list in Section 21). In addition to the factors in Section 23(2), the court also considers:

(a) the value of the estate of the deceased Hindu;

(b) the degree of relationship between the two;

(c) the reasonable wants of the dependent; and

(d) the past relations between the dependent and the deceased Hindu;

(e) the said claimant's own earnings and property;

(f) the number of other dependents entitled to maintenance under this Act.

In practice, courts use these guidelines to determine a fair amount of maintenance that balances the needs of the claimant with the capacity of the person obligated to pay.

Disposal of Property by Coparcener for Maintenance

Disposal of Property by Coparcener for Maintenance

Under traditional Hindu Law, particularly the Mitakshara school, the Karta (manager) of a Hindu Joint Family (which usually holds coparcenary property) has the power to alienate (dispose of, e.g., sell, mortgage) joint family or coparcenary property for specific purposes. One of the recognised purposes is Legal Necessity (Apatkale), which includes the maintenance of the joint family members.

The obligation to maintain the members of the joint family, including the wife, minor children, and aged parents, is a primary duty of the Karta and the joint family itself, drawing upon the joint family property. If the income from the joint family property is insufficient to meet the necessary expenses for the maintenance of the members, the Karta has the authority to alienate a portion of the joint family property to raise funds for this purpose. This is considered an alienation for legal necessity and is binding on all the coparceners, even if done without their consent.

The Hindu Adoptions and Maintenance Act, 1956, also implicitly recognises the priority of maintenance obligations. Section 22(1) states that the heirs of a deceased Hindu are liable to maintain the dependents specified in Section 21 out of the estate inherited by them. This means the inherited property is charged with the responsibility of maintaining these dependents.

Furthermore, Section 27 of HAMA states that a dependent's claim for maintenance shall not be a charge on the estate of the deceased or any portion thereof, unless created by the will of the deceased, by a decree of court, or by agreement between the dependent and the heir. However, Section 28 provides that where a dependent's right to maintenance has been made a charge upon any property (either under Section 27 or otherwise), it can be enforced against anyone who takes the property with notice of the charge, or against a transferee without notice if the transfer was gratuitous.

This signifies that while maintenance is an obligation, it may need to be formally made a charge on property through a court order or agreement to be enforceable against a purchaser for value without notice. However, the underlying principle that maintenance is a necessary expense for which joint family property can be alienated remains relevant, reflecting the importance of this obligation in Hindu law.

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