Historical Perspectives And Parameter Of Maintenance Under Hindu Law In India

Abstract

The concept of maintenance under Hindu law has evolved significantly from ancient times to the present, reflecting societal changes and legal reforms. Historically, the duty of maintenance was considered a personal obligation arising from familial relationships, with the Karta (head) of a Hindu joint family being responsible for providing for its members. This responsibility extended to wives, children, parents, and other dependents, ensuring their sustenance and well-being With the enactment of the Hindu Adoptions and Maintenance Act, 1956, the legal framework for maintenance was codified, outlining the rights of individuals to claim maintenance. The Act specifies that maintenance includes provision for food, clothing, shelter, education, and medical expenses. It also delineates the circumstances under which maintenance can be claimed, such as desertion, cruelty, or the husband's conversion to another religion. The amount of maintenance is determined by the court, considering factors like the claimant's status, needs, and the respondent's ability to pay.