Maintenance Cases

Wives, minor children, unmarried daughters, aged parents and widowed daughters-in-law, who have no support for their own sustenance, are entitled to the protection and protection of food, clothing, housing, education and medical treatment by various laws. There is a provision. Maintenance can be obtained under the following laws –

  • Code of Criminal Procedure (Cr. PC) (Section 125)
  • The Hindu Adoption and Maintenance Act, 1950 (Section 1823)
  • Hindu Marriage Act, 1955 (Sections 24 and 25)
  • Protection of Women from Domestic Violence Act, 2005
  • Main provisions of the Maintenance and Welfare Act for Parents and Senior Citizens, 2007

Code of Criminal Procedure (Cr. P.C) (Section 125)

Individuals who can claim maintenance –

  • Wife on husband
  • Minor children on her father
  • Unmarried daughter on her father
  • Financially weak parent on her son

The maintenance amount is determined on the basis of the means, needs, main reasons and number of entitlements of both the grantee and the seeker.

Whom and where to complain for seeking maintenance under Section 125 (Cr. P.c.)

Judicial Magistrate (First Class)/Family Court of the District Against

  • Resides,
  • Where he or his wife resides Or
  • Where he has previously lived with his wife/or lived with the mother of illegitimate Aulad.

If a man is not satisfied with the order of maintenance, the aggrieved party can file a revision petition in the Sessions Court against the order of that court. This revision petition can also be given against the order of interim maintenance.