We deal with the matters of Maintenance, in the better interest of aggrieved party.
Laws of Maintenance under different personal laws are as follows
Maintenance under Hindu Law, Maintenance under Christian Law, Maintenance under Parsi Law,
Maintenance Under-Hindu Law:
Under S.24 of Hindu Marriage Act, 1955 (herein after mentioned as HM Act), either the wife or husband can apply for maintenance and interim maintenance. The basis of the claim for maintenance is that the claimant has no independent income of his/her own to support himself/herself.
Maintenance of Children and Parents – Hindu Law:
U/s 20 of the HAMA a Hindu during his/her lifetime shall maintain his/her legitimate or illegitimate children and aged or infirm parents.
Maintenance Under – Parsi law
The Parsi Marriage and Divorce Act, 1936 recognizes the right of wife to maintenance-both alimony pendente lite and permanent alimony. However the husband doesn’t have the same rights under the said Act.
Maintenance Under – Christian law
The Indian Divorce Act, 1869 governs maintenance rights of a Christian wife. The Indian Divorce Act, 1869 recognizes the right of only wife to maintenance-both alimony pendente lite (during pendency of a suit) and permanent alimony.
However the husband doesn’t have the same rights Under the said Act.
Maintenance under Section 125 of Criminal Procedure Code (Cr.PC)
Although right to maintenance forms a part of the personal law, but in order to protect women and children and provide a swift and cheap remedy against neglect and refusal to maintain, a secular safeguard irrespective of personal laws of the parties was necessary. With this intention Sec. 125 was inserted in the Cr.PC.