Law of Maintenance

Providing of maintenance to the deserted wives, children and also old & destitute parents is basically governed by different provisions in different Act, namely, Section 125, 126, 127 and 128 of the Criminal Procedure Code, 1973, Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 18, 19, 20, 22, 23 and 25 of Hindu Adoptions and Maintenance Act, 1986, Section 24 of the Hindu Marriage Act, 1955, and recently the protection of women from domestic violence Act, 2005 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have also been enacted by the Legislature. Keeping in view the rights guaranteed under Articles 14, 15 and 21 of the Constitution of India. Intended to protect the women from domestic violence, the Protection of Women from Domestic Violence Act, 2005 was enacted, Sections 12 and 23 of the Domestic Violence Act, 2005 was enacted. Section 12 and 23 of the Domestic Violence Act are relevant for the purpose of maintenance. sections 5 and 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are relevant for the purpose of maintenance.