Chapter 3: Hindu Adoptions and Maintenance Act, 1956

CHAPTER III: MAINTENANCE

This chapter defines the legal, enforceable duty of a person to provide financial support to their family members.

Section 18: Maintenance of wife

• Section 18(1): “Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.”
  • Simple English: A Hindu wife (which includes Jaina, Sikh, and Buddhist wives) has a legal right to be financially supported by her husband for her entire life. This support (“maintenance”) includes all basic needs like food, clothing, housing, medical care, etc. (as defined in Section 3).
  • Real-World Example: A couple is married, and the wife is a homemaker. The husband, as the earning member, has a legal duty to provide for all her necessities. This right is absolute and applies even if they were married long before this law was passed in 1956.
• Section 18(2): “A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance…”
  • Simple English: This is a crucial subsection. Normally, a wife who leaves the marital home might lose her right to support. This rule lists the specific, valid reasons that allow a wife to live in a separate house and still legally demand maintenance from her husband.
  • Clause (a): “…if he is guilty of desertion… abandoning her without reasonable cause… or of wilfully neglecting her;”
    • Simple English: She can live separately and claim maintenance if he has “deserted” her (left her for no good reason and without her permission) or if he “willfully neglects” her (e.g., lives in the same house but ignores her, doesn’t give her money for food, treats her like a stranger).
    • Real-World Example: A husband moves to Dubai for a job, promises to send for his wife, and then cuts off all contact and stops sending money. He has “deserted” her. She can live separately and file a case for maintenance.
  • Clause (b): “…if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;”
    • Simple English: She can live separately if he is so cruel (physically or mentally) that she is genuinely afraid for her safety or health.
    • Real-World Example: A husband has a violent temper and has threatened his wife, or he constantly humiliates her to the point of causing severe mental distress. A court would find this is “cruelty” and allow her to live separately and claim maintenance.
  • Clause (d): “…if he has any other wife living;” (Clause (c) about leprosy was removed)
    • Simple English: This applies to old polygamous marriages (before 1955). A wife is not legally forced to live in the same house as her husband’s other wife. She can choose to live separately and claim support.
    • Real-World Example: A man has two wives, A and B. Wife B can tell her husband, “I am not comfortable living under the same roof as Wife A. I am moving to a separate flat, and you must pay for my rent and expenses.”
  • Clause (e): “…if he keeps a concubine in the same house… or habitually resides with a concubine elsewhere;”
    • Simple English: She can live separately if her husband is having an affair (living with a mistress, or “concubine”) either in the same family home or if he regularly lives with his mistress in a separate location.
    • Real-World Example: A wife discovers her husband is spending every weekend at his mistress’s apartment. This justifies her moving out, living separately, and claiming maintenance.
  • Clause (f): “…if he has ceased to be a Hindu by conversion to another religion;”
    • Simple English: She can live separately if her husband converts to a religion not covered by this Act (e.g., Islam, Christianity, Parsi, etc.).
    • Real-World Example: A married Jaina man converts to Islam. His Jaina wife is not required to follow him or live with him. She can live separately and claim maintenance.
  • Clause (g): “…if there is any other cause justifying her living separately.”
    • Simple English: This is a “catch-all” clause. If there is any other serious and valid reason that a court finds makes it fair for her to live separately, she can.
    • Real-World Example: A husband’s parents are extremely abusive to the wife, and the husband refuses to intervene or protect her. A court might decide this is a “justifying cause” for her to live separately.
• Section 18(3): “A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.”
  • Simple English: A wife loses her right to live separately and claim maintenance (under Section 18(2)) if she is “unchaste” (i.e., has an affair) OR if she converts to a religion not covered by this Act.
  • Real-World Example: A wife leaves her husband due to his cruelty (a valid reason). She starts living separately. However, she then begins a romantic relationship with another man. Her husband can now use her “unchastity” as a defense in court, and her right to maintenance will be cancelled.

Section 19: Maintenance of widowed daughter-in-law

• Section 19(1): “A Hindu wife… shall be entitled to be maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to maintain herself… or… is unable to obtain maintenance— (a) from the estate of her husband or her father or mother, or (b) from her son or daughter… or his or her estate.”
  • Simple English: A widow has a legal right to be financially supported by her father-in-law, but only if she meets a strict set of conditions:
    1. She must be unable to support herself (e.g., she has no job or income).
    2. She cannot get support from her dead husband’s property (if he left any).
    3. She cannot get support from her own parents (if they are able to help).
    4. She cannot get support from her own adult children (if she has any).
  • Real-World Example: A woman’s husband dies. She has no job, her husband left no property, and her own parents are poor. She has a 5-year-old minor son (who can’t support her). In this situation, she has met all the conditions and can legally claim maintenance from her father-in-law. If she had a wealthy father, she would have to ask him first.
• Section 19(2): “Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession… and any such obligation shall cease on the remarriage of the daughter-in-law.”
  • Simple English: This section gives two important limits to the father-in-law’s duty:
    1. Source of Money: He is only required to pay if he has the money from “coparcenary property” (ancestral family property). He is not required to pay from his own personal salary or self-acquired property. (This is a complex point, but it means his personal income is protected).
    2. Remarriage: The duty to pay maintenance stops permanently the moment the widowed daughter-in-law gets remarried.
  • Real-World Example 1 (Money): A father-in-law owns a large ancestral farm (coparcenary property). He is liable to pay maintenance to his widowed daughter-in-law from the farm’s income. If he only has his monthly pension (his self-acquired money), he is not legally liable to pay.
  • Real-World Example 2 (Remarriage): A father-in-law is paying his widowed daughter-in-law ₹8,000 per month. She informs him she is getting remarried in May. His legal obligation to pay her ends in May. Her new husband is now responsible for her support.

Section 20: Maintenance of children and aged parents

• Section 20(1): “Subject to the provisions of this section a Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.”
  • Simple English: Every Hindu (both men and women) has a lifelong legal duty to financially support their children (whether born in or out of wedlock) and their elderly (“aged”) or disabled/sick (“infirm”) parents.
  • Real-World Example: A 45-year-old doctor has a legal duty to pay for her 12-year-old daughter’s school and living expenses. She also has a legal duty to pay for her 80-year-old mother’s medical bills and living expenses, as her mother is “aged” and cannot work.
• Section 20(2): “A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.”
  • Simple English: A child under 18 years old can legally claim financial support from either their father or their mother. Parents share this responsibility.
  • Real-World Example: After a divorce, a 10-year-old child lives with the mother. The mother (on the child’s behalf) can sue the father for maintenance to cover the child’s school fees, food, and clothing.
• Section 20(3): “The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself…”
  • Simple English: This clarifies the limit. The duty to support an aged parent or an unmarried daughter (even if she is an adult) only applies if they cannot support themselves.
  • Real-World Example (Parent): A 70-year-old father has a large government pension and rental income from two properties. He cannot legally claim maintenance from his son, because he is able to maintain himself. If he were poor and had no income, his son would be obligated to support him.
  • Real-World Example (Daughter): A 26-year-old unmarried daughter is unemployed. Her parents have a legal duty to support her. If she gets a job as a software engineer, she is now “able to maintain herself,” and her parents’ legal duty to support her (for daily living costs) ends.
• Explanation: “In this section ‘parent’ includes a childless step-mother.”
  • Simple English: The word “parent” in this section also includes a person’s childless step-mother.
  • Real-World Example: Mr. A’s mother died, and his father remarried Mrs. B (the step-mother). Mrs. B did not have any children of her own. Later, Mr. A’s father dies. Mr. A now has a legal duty to support his step-mother, Mrs. B, if she is aged/infirm and cannot support herself.

Section 21: Dependants defined

This entire section is a “definitions list.” It doesn’t give maintenance; it just lists every person who is considered a “dependant” of a deceased Hindu. If you are on this list, you may be able to claim maintenance from the deceased’s estate under Section 22.

• Simple English: For the purpose of this chapter, “dependants” mean the following relatives of the deceased person:
• (i) his or her father.
  • Simple English: The father of the deceased.
  • Real-World Example: A wealthy woman dies. Her elderly, low-income father is considered her “dependant” and can claim maintenance from her estate.
• (ii) his or her mother.
  • Simple English: The mother of the deceased.
  • Real-World Example: A man dies. His 80-year-old mother, who was living with him, is his “dependant.”
• (iii) his widow, so long as she does not re-marry;
  • Simple English: The deceased man’s wife (his widow), but only for as long as she remains unmarried.
  • Real-World Example: A man dies. His widow is his dependant. If she remarries five years later, she ceases to be his “dependant” on the date of her remarriage.
• (iv) his or her son or the son of his predeceased son or the son of a predeceased son of his pre-deceased son, so long as he is a minor: provided and to the extent that he is unable to obtain maintenance…
  • Simple English: This includes the deceased’s:
    1. Minor son.
    2. Minor grandson (if that grandson’s father is already dead).
    3. Minor great-grandson (if both his father and grandfather are already dead).
  • The Condition: This only applies if the minor son, grandson, or great-grandson cannot get maintenance from their own immediate family’s estate.
  • Real-World Example: Mr. A (the deceased) has a minor grandson, C. C’s father (Mr. A’s son, B) died last year. C is unable to get support from his father B’s small estate. Therefore, C is a “dependant” of his grandfather, Mr. A, and can claim from Mr. A’s estate.
• (v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried: provided and to the extent that she is unable to obtain maintenance…
  • Simple English: This includes the deceased’s:
    1. Unmarried daughter.
    2. Unmarried granddaughter (if her father is already dead).
    3. Unmarried great-granddaughter (if her father and grandfather are already dead).
  • The Condition: Just like the son, this only applies if she cannot get maintenance from her own immediate family’s estate.
  • Real-World Example: A man dies, leaving his estate to his brother. The man’s 25-year-old unmarried daughter, who is unemployed, is a “dependant” and can claim maintenance from the estate (now held by her uncle).
• (vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance— (a) from the estate of her husband; or (b) from her son or daughter…; or (c) from her father-in-law…
  • Simple English: The deceased’s daughter, whose husband has also died.
  • The Condition: This is a “last resort” clause. A widowed daughter can only claim from her deceased father’s estate if she is poor and she is unable to get support from:
    1. Her dead husband’s property.
    2. Her own adult children.
    3. Her father-in-law.
  • Real-World Example: Mrs. Rao, a widow, has no children, her husband left no money, and her father-in-law is also dead. Her only remaining family is her brother, who inherited their father’s estate. Mrs. Rao can now claim maintenance from her father’s estate as a “dependant.”
• (vii) any widow of his son or of a son of his predeceased son, so long as she does not re-marry: provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son or daughter…
  • Simple English: The deceased’s daughter-in-law or granddaughter-in-law (whose husband has died), as long as she hasn’t remarried.
  • The Condition: She can only claim if she cannot get support from her own husband’s estate or from her own children.
  • Real-World Example: Mr. P dies. His son, K, died a year earlier. K’s widow (Mr. P’s daughter-in-law) is poor and has no children. She is a “dependant” of Mr. P and can claim maintenance from his estate.
• (viii) his or her minor illegitimate son, so long as he remains a minor;
  • Simple English: A minor son born out of wedlock.
  • Real-World Example: A man dies. He had a minor illegitimate son. That son is legally his “dependant” and can claim maintenance from his estate.
• (ix) his or her illegitimate daughter, so long as she remains unmarried.
  • Simple English: A daughter born out of wedlock, for as long as she is unmarried.
  • Real-World Example: A woman dies. She had an illegitimate daughter. That daughter is her “dependant” and can claim maintenance from her estate.

Section 22: Maintenance of dependants

This section explains who has to pay the “dependants” listed in Section 21.

• Section 22(1): “Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.”
  • Simple English: If you inherit property from someone, you also inherit their legal duty to support their “dependants.” The maintenance is paid from the property you received.
  • Real-World Example: A man dies and leaves his entire estate (a house and ₹50 lakhs) to his son. The man’s aged mother (a dependant under Sec 21) was being supported by him. The son, as the “heir,” must now continue to maintain his grandmother, using the estate he inherited.
• Section 22(2): “Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate… the dependant shall be entitled… to maintenance from those who take the estate.”
  • Simple English: If a dependant (like the aged mother) was not given any share in the will or by inheritance law, they have the right to claim maintenance from the person(s) who did get the estate.
  • Real-World Example: A man dies and leaves 100% of his property to his nephew. He leaves nothing to his widow. The widow (a dependant) has a legal right to sue the nephew and demand maintenance, which will be paid out of the property the nephew inherited.
• Section 22(3): “The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.”
  • Simple English: If the estate is split among multiple heirs, they all share the burden of paying maintenance. Their share of the payment is proportional to the share of the inheritance they received.
  • Real-World Example: A man dies, leaving his estate to his two sons. Son A gets ₹70 lakhs (70%) and Son B gets ₹30 lakhs (30%). Their aged mother (a dependant) needs ₹10,000 per month for maintenance. Son A is liable for 70% of the bill (₹7,000/month), and Son B is liable for 30% (₹3,000/month).
• Section 22(4): “Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute… if the value… is, or would… become less than what would be awarded to him or her by way of maintenance…”
  • Simple English: This is a protection for heirs who are also dependants. A dependant who inherits property does not have to pay other dependants if doing so would leave them with less money than what they themselves would need for their own maintenance.
  • Real-World Example: A man dies, leaving his small house (his only asset) to his widow. The man’s aged father (also a dependant) sues the widow for maintenance. The widow can argue in court that the house’s value is just enough for her own lifelong maintenance, and she cannot be forced to sell it or pay from it, as she is also a dependant.

Section 23: Amount of maintenance

This section gives the court the power to decide how much maintenance should be paid. There is no fixed formula.

• Section 23(1): “It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded… the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3)…”
  • Simple English: The judge has the final say. They can decide to award maintenance (or not) and how much. In making this decision, they must consider the factors listed below.
• Section 23(2): “In determining the amount of maintenance… to a wife, children or aged on infirm parents…” (This applies to claims during a person’s life under Sec 18 & 20).
  • Simple English: When setting the amount for a wife, child, or parent, the judge must consider:
  • (a) the position and status of the parties;
    • Simple English: The standard of living the family is used to.
    • Real-World Example: The wife of a high-income doctor will be awarded a higher amount of maintenance (to maintain that lifestyle) than the wife of a low-wage worker.
  • (b) the reasonable wants of the claimant;
    • Simple English: What the person genuinely needs (food, rent, medicine, education) vs. what they just want (luxury items).
  • (c) if the claimant is living separately, whether the claimant is justified in doing so;
    • Simple English: Does the person have a good reason to live separately? (This links back to Section 18(2)).
    • Real-World Example: If a wife left her husband due to his proven cruelty, the court will agree she is “justified” and award maintenance. If she left for no good reason, the court might award nothing.
  • (d) the value of the claimant’s property and any income… or from the claimant’s own earnings…
    • Simple English: Can the person claiming maintenance support themselves?
    • Real-World Example: A wife who has her own job earning ₹50,000/month will receive much less maintenance (or none at all) compared to a wife who is unemployed.
  • (e) the number of persons entitled to maintenance under this Act.
    • Simple English: How many people does the person have to support?
    • Real-World Example: A man’s salary has to be divided. If he only has to support a wife, she will get a larger amount. If he has to support a wife, three children, and two parents, the amount each person receives will be smaller.
• Section 23(3): “In determining the amount of maintenance… to a dependant…” (This applies to claims after a person’s death under Sec 21 & 22).
  • Simple English: When setting the amount for a “dependant” claiming from an estate, the judge must consider:
  • (a) the net value of the estate of the deceased after providing for the payment of his debts;
    • Simple English: How much money is actually left after all the deceased’s loans and debts are paid off?
    • Real-World Example: A man leaves an estate of ₹1 Crore, but has a home loan of ₹80 lakhs. The dependants can only claim maintenance from the remaining “net value” of ₹20 lakhs.
  • (b) the provision, if any, made under a will… in respect of the dependant;
    • Simple English: Did the dependant already receive anything from the will?
    • Real-World Example: A man’s will leaves his aged mother a one-time gift of ₹5 lakhs. When she claims additional monthly maintenance, the court will consider the ₹5 lakhs she already got.
  • (c) the degree of relationship between the two;
    • Simple English: How closely related was the dependant? A widow or mother will usually have a stronger claim than a more distant relative.
  • (d) the reasonable wants of the dependant;
    • Simple English: What does the dependant need to live?
  • (e) the past relations between the dependant and the deceased;
    • SimpleEnglish: What was their relationship like? (This is rarely used but is in the law).
    • Real-World Example: A father who abandoned his son 40 years ago suddenly reappears after the son’s death to claim maintenance from his estate. The court might award a very low amount (or zero) based on their “past relations.”
  • (f) the value of the property of the dependant and any income…
    • Simple English: Can the dependant support themselves? If they are already wealthy, they will get nothing.
  • (g) the number of dependants entitled to maintenance…
    • Simple English: How many dependants are claiming from the same estate? The court must divide the available money fairly among all of them.

Section 24: Claimant to maintenance should be a Hindu

• Main Clause: “No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion.”
  • Simple English: You lose your right to claim maintenance under this specific Act if you convert to a religion that is not Hindu, Buddhist, Jaina, or Sikh (e.g., you become a Christian, Muslim, or Parsi).
  • Real-World Example: A Hindu wife files for maintenance from her husband. During the case, she converts to Christianity. Her case under this Act will be dismissed. (Note: She may have a right to claim maintenance under other laws, like the Code of Criminal Procedure, but her rights under this Hindu law are gone).

Section 25: Amount of maintenance may be altered on change of circumstances

• Main Clause: “The amount of maintenance, whether fixed by a decree of court or by agreement… may be altered subsequently if there is a material change in the circumstances justifying such alteration.”
  • Simple English: A maintenance amount is not permanent. If a major life event (“material change”) happens, either person can go back to court and ask to have the amount changed (increased or decreased).
  • Real-World Example 1 (Increase): A court orders a husband to pay his wife ₹15,000/month. Five years later, the wife is diagnosed with a chronic illness, and her medical bills are ₹20,000/month. This is a “material change.” She can go to court to ask for more maintenance.
  • Real-World Example 2 (Decrease): A husband is paying ₹25,000/month. He then has a serious accident and loses his high-paying job. At the same time, his wife gets a big promotion and now earns more than he ever did. This is a “material change.” The husband can go to court to ask to reduce or even stop the maintenance payments.

Section 26: Debts to have priority

• Main Clause: “Subject to the provisions contained in section 27 debts of every description contracted or payable by the deceased shall have priority over the claims of his dependants for maintenance under this Act.”
  • Simple English: When a person dies, their debts must be paid before their dependants can claim maintenance. Creditors (like banks or credit card companies) are first in line to be paid from the estate. Dependants are second.
  • The Exception: The phrase “Subject to… section 27” means this rule has one exception. If a dependant already has a “charge” on a property (see Section 27), their claim might be treated like a debt and be protected.
  • Real-World Example: Mr. Das dies, leaving an estate worth ₹1 Crore. However, he had a business loan of ₹90 lakhs. His aged mother (a dependant) needs maintenance. The law says the ₹90 lakh loan must be paid to the bank first. The mother can only claim maintenance from the remaining ₹10 lakhs. If the loan was ₹1.1 Crore, the estate would be used up, and she would get nothing.

Section 27: Maintenance when to be a charge

• Main Clause: “A dependant’s claim for maintenance under this Act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise.”
  • Simple English: A “charge” is a legal right that attaches a debt (like maintenance) to a specific piece of property, like a mortgage. This section states that a dependant’s claim is not automatically a charge. This is a weakness.
  • How to create a charge: To get this special protection, a dependant must have it created in one of these ways:
    1. By Will: The deceased’s will specifically states it (e.g., “My mother’s maintenance shall be a charge on my family home.”).
    2. By Court Decree: A judge orders that the maintenance is a charge on a specific property.
    3. By Agreement: The dependant and the heir who inherited the property sign a formal agreement creating the charge.
  • Real-World Example 1 (No Charge): A widow is entitled to maintenance from her son, who inherited a house. This is just a personal duty on the son. If the son sells the house, the widow cannot stop the sale or claim money from the new owner. Her only option is to sue her son for the money, which he might have already spent.
  • Real-World Example 2 (With Charge): The same widow goes to court. The judge issues an order (a “decree”) stating her monthly maintenance is a charge on the house. Now, the right is attached to the house itself. The son cannot sell the house without the buyer being aware of and responsible for the widow’s right. This gives her much more security.

Section 28: Effect of transfer of property on right to maintenance

• Main Clause: “Where a dependant has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right.”
  • Simple English: This section explains what happens if the heir sells or gives away the property that a dependant is supposed to be supported from.
  • Scenario A (Dependant CANNOT claim from new owner): The dependant loses their right to the property if the new owner:
    1. Paid a fair price (“for consideration”) AND
    2. Did not know about the dependant’s right (“without notice”).
  • Real-World Example (Buyer Protected): A son inherits a flat. His aunt (a dependant) has a private, unregistered agreement with him for maintenance. The son sells the flat to a buyer for ₹50 lakhs. The buyer checks the property records, sees no “charge” (see Sec 27), and knows nothing about the aunt. The buyer is now the owner, free and clear. The aunt cannot claim maintenance from the new buyer. She must sue her nephew for the money.
  • Scenario B (Dependant CAN claim from new owner): The dependant can enforce their maintenance right against the new owner in two situations:
    1. The transfer was a gift (“gratuitous”).
    2. The new owner knew about the dependant’s right (“has notice”).
  • Real-World Example 1 (Gift): To avoid paying his aunt, the son “gifts” the flat to his wife. Because his wife paid nothing (it was “gratuitous”), the aunt can legally claim her maintenance from the wife.
  • Real-World Example 2 (Notice): The aunt had a court-ordered charge on the flat. This charge is registered in the property records. The son sells the flat. Because the charge is a public record, the law assumes the buyer “has notice.” Therefore, the buyer is now responsible for paying the aunt’s maintenance.