IMAGE MAINTENANCE UNDER LAW

MAINTENANCE LAW FOR CHILDREN AND OLD AGE PARENTS: Ravi Drall Advocate

What is Maintenance

Maintenance Law provide financial assistance to a spouse, children, and parents to meet their essential needs such as food, clothing, shelter, education, and medical expenses when they are unable to support themselves. This support is specifically aimed at dependents who lack the means to provide for themselves. The amount and terms of maintenance are determined based on factors like the financial capacity of the provider and the needs of the dependents.

Hindu Adoption and Maintenance Act, 1956

The Hindu Adoption and Maintenance Act was established in 1956 to regulate laws related to adoptions and maintenance within the Hindu community. It applies to Hindus, including Buddhists, Jains, and Sikhs, but individuals from other religions must seek adoption through the Guardians and Wards Act, 1890. The Juvenile Justice Act of 2000 allows for adoption by individuals of any religion.

The Supreme Court of India, in M/S Shabnam Hashmi vs. Union of India (2014), held that the Juvenile Justice (Care and Protection of Children) Act of 2000 is a secular law. Under this Act, any person, irrespective of their religion, can adopt a child.

Historical background

The concept of adoption and maintenance is the historical background of maintenance and adoption is intricate, encompassing legal, social, and cultural aspects. The concept of maintenance is often related to child support, and has deep roots in various societies.

The historical background of maintenance and adoption is complex, encompassing legal, social, and cultural aspects. Throughout history, adoption has served various purposes, from securing heirs in ancient cultures to maintaining social and cultural continuity in mediaeval India. The Manusmriti, an ancient Hindu text, laid down guidelines for adoption, emphasizing the importance of male heirs for continuing the family lineage.

Maintenance Law for children and aged parents

In the Hindu Adoption and Maintenance Act, the maintenance of children and elderly parents is specifically mentioned under Section 20.

  • Section 20 emphasises the duty of a person to provide, in the case of children, maintenance for their education, marriage expenses, and support. In the case of elderly parents, maintenance includes providing for their basic needs.
  • The provision empowers a magistrate to order the person responsible for maintenance to make a regular allowance for the financial support of the child or elderly parent.
  • It is to be noted under this section that ‘parent’ includes a childless step-mother.

It has been held by the Allahabad High Court in Raj Kishore Mishra vs. Smt. Meena Mishra (1994)  that if a father-in-law has no sufficient means from any coparcenary property in his obsession, out of which his daughter-in-law has not obtained any share. to maintain his daughter-in-law, he shall not be obliged to do so.

Are illegitimate children entitled to maintenance

This Act also extends to illegitimate children, as there is no distinction made between legitimate and illegitimate children when it comes to maintenance. The responsibility of parents to care for and support their children applies regardless of their legitimacy. This Act upholds the rights of all children and guarantees that they receive the necessary care and provisions from their parents.

When can aged parents claim under Maintenance Law

The Hindu Adoption and Maintenance Act includes provisions for aged parents to claim maintenance from their children in situations where they are unable to provide for themselves due to factors such as illness, advanced age, lack of resources, or financial constraints. The Act lays out several key factors under which maintenance can be claimed:

Factors under which maintenance can be claimed:

  • Voluntariness- If children voluntarily want to give maintenance to their parents for their survival, they can give an amount as maintenance.
  • Financial need- The parent must state their genuine needs and demonstrate an inability to support themselves financially.
  • Children’s Financial Capacity- The court may assess the financial capabilities of the children to determine if they can provide support.
  • Health and Age of Parents- The physical condition and age of the parents can be relevant in determining their ability to earn a living.
  • Existence of Other means of support- The court may consider if the parents have other sources of support, such as pensions or government assistance.

Amount under maintenance Law

Under Section 23, the amount of maintenance is not fixed at a certain amount; it may vary from party to party.

Section 23 (2) states that while determining the amount for maintenance, several factors are kept in mind, such as:-

  • Status of parties and their current position;
  • The reasonable wants and claims of the claimant;
  • The number of people that are entitled to be maintained;
  • All sources of income for the claimant and value of their property;
  • If the claimant living separately has justified grounds for doing so.

Section 23(3) states that while determining the amount of maintenance to be awarded to a dependent under this act, they have to keep various factors in mind, such as:

  • Count the net value of the estate of deceased after providing for the payment of the debts of the dependent;
  • If any provision is made under the will of the deceased in respect of the dependant;
  • The degree of relationship between the two parties;
  • The reasonable wants of the dependant;
  • The past relationship between the dependent and the deceased;
  • Any property of the dependent, its value, income derived from such property, from his earning and other sources;
  • The  total number of dependents who are entitled to get maintenance under this Act.

Amount of maintenance may be altered by change of circumstances-

Section 25 in The Hindu Adoptions And Maintenance Act, 1956
25. Amount of maintenance may be altered on change of circumstances.—

The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.

Section 25 states that the amount of maintenance that is fixed by the court on any order or decree either before or after the commencement of the Act may be altered by the court if there is any material change in the circumstances. Whenever the alteration is made , there must be justifying reasons for doing so. This provision aims to ensure that maintenance obligations remain fair and equitable, accommodating changes in the financial situation or needs of either party over time.

To determine if a material change has occurred, the court considers various factors, such as:

  1. Change in income: Increase or decrease in the earning capacity or income of either party.
  2. Change in expenses: Changes in living expenses, medical costs, or other financial obligations.
  3. Change in needs: Changes in the health or dependency of the recipient of maintenance.
  4. Change in standard of living: Changes in the standard of living of either party since the initial maintenance order.
  5. Change in marital status: Remarriage or cohabitation of the paying spouse.
  6. Change in parental responsibilities: Additional maintenance obligations due to new children or dependents.
  7. Change in assets and liabilities: Changes in the financial assets or liabilities of either party.
  8. Change in employment status: Loss of employment, retirement, or change in job position.

The burden of proof lies on the party seeking the alteration of the maintenance amount to demonstrate the material change in circumstances. The court may consider evidence such as financial statements, pay stubs, medical records, or witness testimonies to assess the validity of the claim.

Landmark case laws

H.H. Hiralalji Maharaj vs. Shri Ramlalji Maharaj

In a notable judgement, the Supreme Court has ruled that the responsibility to provide for a child extends beyond their minority and lasts until they reach the age of 25 or achieve financial independence, whichever comes first. The Court emphasized a broad interpretation of the term “child” in Section 125 of the CrPC, highlighting that the intention is to guarantee that children receive the necessary financial assistance from their parents until they are capable of sustaining themselves. The Court acknowledged the rising costs of education and the importance of higher studies in securing employment prospects as factors warranting continued parental support for their children.

R.D. Shetty vs. Mangaladevi Shetty

Another important case is R.D. Shetty vs. Mangaladevi Shetty, decided by the Supreme Court of India in 1982. In this case, In a significant ruling, the court affirmed that the responsibility to provide maintenance for elderly parents is both a moral and legal obligation of their children. The court emphasized that the determination of the maintenance amount should consider the income and earning potential of the children, along with the financial requirements of the parents. This ruling underscores the importance of children fulfilling their duty to support their aged parents and highlights the need for a fair assessment of financial capabilities and needs in determining the appropriate amount of maintenance to be paid.

Bai Tahira vs. Ali Hussain Fissalli Chothia And Anr. (1978)

In this case, the Court held that the term “maintenance” under the Act includes not only food, clothing, and shelter but also education, medical care, and other necessities of life. This decision was crucial in ensuring that children receive comprehensive support and care from their families.

In the landmark case of Bai Tahira v. Ali Hussain, the Court interpreted the term “maintenance” under the relevant Act and expanded its scope to include not only the basic necessities of food, clothing, and shelter but also education, medical care, and other essential needs for a child’s well-being. This decision is significant in several ways:

  1. Comprehensive support: The Court’s interpretation recognises that children’s well-being extends beyond basic necessities and encompasses their educational, medical, and other essential requirements. This broader definition ensures that children receive holistic support and care from their families.
  2. Child’s right to education: By including education as part of maintenance, the Court emphasises the importance of education for children’s development and future prospects. This decision aligns with international conventions and national laws that recognise education as a fundamental right for all children.
  3. Healthcare access: The inclusion of medical care as a component of maintenance underscores the critical role of healthcare in safeguarding children’s health and well-being. It ensures that children have access to necessary medical services, which can have a significant impact on their overall development and quality of life.
  4. Equitable treatment: The Court’s decision promotes equitable treatment of children by ensuring that all children, regardless of their socioeconomic background, have access to essential resources for their well-being. This interpretation helps bridge disparities and creates a more level playing field for children.
  5. Legal precedent: The Bai Tahira v. Ali Hussain case sets a precedent for future legal interpretations and establishes a broader understanding of the term “maintenance” in the context of child support. It provides guidance to lower courts and legal practitioners in handling similar cases, ensuring consistency and fairness in the application of the law.

The Court’s decision in this case is a crucial step towards ensuring that children receive comprehensive support and care from their families. It recognises the evolving needs of children in today’s society and emphasises the importance of holistic well-being for their healthy development and future success.

Dastane vs. Dastane (1988)

Another prominent case is the 1988 Supreme Court judgement in the case of Dastane v. Dastane. In this case, the Court held that the Act imposes an obligation on both spouses to maintain their aged parents, irrespective of their financial status. This decision recognised the importance of familial support for senior citizens and ensured that they were not left destitute in their old age.

DIVORCE BY MUSLIM WOMEN:

Divorced Muslim women’s right to maintenance | CrPC remedy not barred by 1986 law’: Supreme Court.

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The Muslim Women (Protection of Rights on Divorce) Act, 1986, enacted by the Rajiv Gandhi government in the aftermath of the Shah Bano case judgment, does not say that a divorced Muslim woman cannot file a petition under Section 125 of the CrPC, 1973, seeking maintenance from her former husband, the Supreme Court observed on Monday as it reserved decision on the question as to which of these two laws would prevail.

“The Act does not say no petition under Section 125 shall be filed by Muslim women. They should have said that. In the absence of such a thing, can we add the restriction to the Act? That is the point,” Justice B V Nagarathna, presiding over a two-judge bench, said.

Despite maintenance, elderly parents can evict children from property: High court

The order passed under the provisions of Maintenance & Welfare of Parents & Senior Citizens Act, 2007, was challenged by her son before the high court. His plea was dismissed on April 5, 2022. Still, the petitioner was not given possession of the house. He had raised the argument that since, during the pendency of the writ petition, he paid arrears of maintenance, his mother cannot seek eviction from the premises. “Once the petitioner has accepted the mainte nance, she cannot seek eviction,” his counsel had argued. After hearing all the parties, the HC has held that the conduct of the son was most unfortunate.
“The petitioner is a 90-year-old widow and had given birth to respondent no. 3 (petitioner’s son). He had thrown out the petitioner from her house and that she was living in a small, rented accommodation, whereas the son was drawing a salary of Rs 45,000 per month and not paying any maintenance to the petitioner,” observed the HC, directing the petitioner’s son to vacate the house and pay her maintenance.

Conclusion

The court’s ruling underscores the crucial moral and legal responsibility of children to provide maintenance for their elderly parents. By considering the income and earning capacity of the children, as well as the financial needs of the parents, the court aims to ensure a fair assessment leading to an appropriate maintenance amount. This decision highlights the significance of upholding the duty to support aged parents and stresses the importance of a balanced approach in determining the financial support that should be provided.

Advocate Ravi Drall tirelessly worked to ensure that his clients received the support they deserved, fighting for their rights and challenging any unfair treatment. Ravi Drall’s dedication and commitment to his cases earned him a reputation as a skilled and compassionate advocate in the Delhi Family Court. His passion for justice and unwavering determination to seek relief for those in need truly set him apart in the legal community.

Ravi Drall Criminal Lawyer

  • What is Maintenance Law?
  • How much money given under maintenance law?
  • Who can ask for maintenance?
  • Adult child can ask maintenance?
  • How much old person can ask for maintenance?

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