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Law of Maintenance by Rahul Kandharkar latest edition 2025
Original price was: ₹1,530.₹1,224Current price is: ₹1,224.
Description
Law of Maintenance by Rahul Kandharkar
The “law of maintenance” in India refers to the legal provisions that require individuals to financially support their dependents, including wives, children, and aged parents. These laws are spread across various statutes like the Code of Criminal Procedure (CrPC), the Hindu Adoptions and Maintenance Act, and personal laws for different religious communities. The primary aim is to prevent destitution and vagrancy among vulnerable family members.
Key aspects of maintenance laws in India:
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Who is entitled to maintenance?
- Wife: A wife is entitled to maintenance from her husband if she is unable to maintain herself and he has sufficient means. This includes divorced wives who have not remarried.
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- Children: Both legitimate and illegitimate minor children are entitled to maintenance from their parents. This obligation extends to children who are unable to maintain themselves due to physical or mental disabilities, even after attaining majority.
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- Parents: Aged or infirm parents who are unable to maintain themselves are entitled to maintenance from their children.
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- Other dependents: Some personal laws also provide for maintenance to other relatives within the prohibited degrees of relationship.
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Under what circumstances can maintenance be claimed?
- Refusal or neglect to maintain: A person can claim maintenance if the individual legally obligated to provide it has refused or neglected to do so despite having sufficient means.
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- Inability to maintain oneself: The dependent must be unable to maintain themselves through their own earnings or property.
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- Specific conditions: Some laws have specific conditions, such as a wife not living in adultery or not having remarried after divorce.
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Where can maintenance be claimed?
- Section 125 CrPC: This section is applicable to all irrespective of religion and provides a broad framework for claiming maintenance for wife, children, and parents.
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- Hindu Adoptions and Maintenance Act, 1956: This act governs maintenance for Hindus and includes provisions for wives, children, and aged parents.
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- Personal laws: Muslims, Christians, and Parsis also have their own personal laws governing maintenance.
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How is the amount of maintenance determined?
- Factors: The amount of maintenance is determined based on factors such as the financial status of the person liable to pay.
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Additional information
| Binding | Hardbound |
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| Language | English |
| Publisher | Whitesmann Publishing |
| Edition | Latest 2025 Edition |
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