Provisions for maintenance in India.

 In India, the term "maintenance" generally refers to financial support provided by one party to another, often in the context of family law. Here are some important provisions related to maintenance in India:

  1. Maintenance under Section 125 of the Code of Criminal Procedure, 1973: Under this provision, a person, including a wife, child, or parent, who is unable to maintain themselves can apply to the court for maintenance from their spouse, children, or parents. The court can order the responsible party to provide monthly maintenance.
  2. Hindu Adoption and Maintenance Act, 1956: This act outlines the provisions for maintenance of various family members within the Hindu family structure. It includes provisions for maintenance of a wife, children, aged parents, and dependent relatives.
  3. Protection of Women from Domestic Violence Act, 2005: This act provides for a wider definition of maintenance, including monetary relief, shelter, medical expenses, and more. It aims to protect women from various forms of domestic violence and abuse.
  4. Muslim Women (Protection of Rights on Divorce) Act, 1986: This act deals with the provision of maintenance to Muslim women after divorce. It states that a Muslim husband is liable to provide maintenance to his wife after divorce, for a certain period (iddat) and beyond, depending on various factors.
  5. Divorce and maintenance under the Hindu Marriage Act, 1955: The Hindu Marriage Act provides for maintenance to be awarded to a spouse in the event of divorce or judicial separation. The amount and duration of maintenance can vary based on factors like financial status, conduct, and needs of the parties.
  6. Maintenance of Parents and Senior Citizens Act, 2007: This act provides a legal framework for parents and senior citizens to claim maintenance from their children or relatives if they are unable to maintain themselves. It aims to ensure their well-being and protection.
  7. Section 24 of the Hindu Marriage Act, 1955: This section allows a spouse to claim interim maintenance during the pendency of divorce proceedings. It ensures that the financially weaker party can sustain themselves during the legal process.
  8. Child Support and Custody under the Guardians and Wards Act, 1890: In cases of separation or divorce, this act outlines the principles for awarding custody of children and determining child support or maintenance arrangements.

These provisions vary depending on the personal laws applicable to different religious communities in India. It's important to consult with legal experts or professionals who are well-versed in family law to understand the specific provisions that apply to your situation.

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