Understanding Maintenance Laws in India || AMLAWFIRM

Understanding Maintenance Laws in India: Ensuring Support for Spouses, Children, and Parents in India
INTRODUCTION Maintenance Laws In India:
The Maintenance Laws in India under various provisions was to compel a man to perform the moral obligations, that he owes to society in respect of his wife, children and parents By offering swift and straightforward yet limited relief, these provisions aim to prevent neglected wives and children from being left impoverished and marginalized, thus avoiding their descent into vagrancy, immorality, and crime for survival. The inability of a wife, child, or elderly parent to support themselves can lead to significant social issues. Consequently, the state must intervene to prevent such inability from escalating into broader societal problems, as unchecked, it could result in widespread vagrancy.
DEFINITION:
According to the dictionary, maintenance refers to support or sustenance. This term is not explicitly defined within the marriage laws of any religious community. However, the entitlement of claiming maintenance is certainly based on the assumption that the claimant doesn’t have sufficient means to support herself. The maintenance generally covers the expenses for necessities or essentials for the substance of life. However, it is not merely a right for the survival of the claimant. This is evident from the provisions outlined in the aforementioned acts, which provide the court with guidelines on the factors to consider when determining the amount of maintenance. The court is to look into the possession of the property of both the husband and the wife, the ability of the husband to earn, the conduct of the parties and other circumstances to decide the amount of maintenance. Before determining the amount of maintenance, the court must consider the status of the parties and the standard of living they enjoyed during the marriage.

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