RIGHT TO MAINTENANCE OF HINDU WOMENUNDER HINDU ADOPTION AND MAINTENANCE ACT

Dr. Prativa Panda

Volume : VI, Issue : II, February - 2016

RIGHT TO MAINTENANCE OF HINDU WOMENUNDER HINDU ADOPTION AND MAINTENANCE ACT

Dr. Prativa Panda

Abstract :

Maintenance law in India relating to Hindu female can be classified in to two types. The first type envisages maintenance following a divorce, or some other matrimonial remedy, such as, nullity of marriage. The second type envisages maintenance during the subsistence of marriage. This concept further stems from Article 15(3) reinforced by Article 39 of the Constitution of India It is a measure of social justice and an outcome of the natural duty of a man to maintain his wife, children and parents, when they are unable to maintain themselves. The object of maintenance is to prevent immorality and destitution and ameliorate the economic condition of women and children .In the first category the maintenance can be claimed under the Section 25 of Hindu Marriage Act 1955 and in the second category maintenance to wife, parent and children under Section 125 of CrPC and Hindu Adoption and Maintenance Act, 1956. In this paper an attempt has been made to ascertain the nature and scope of the alimony and maintenance of wife, widow and dependent under Hindu Adoption and Maintenance Act 1956.