What is section 24 in Hindu Marriage Act
Maintenance is a matter of legal point of view, which refers to the type of financial assistance. The financial help given by litigating party on the application made by them. This all done only by an order issued by a court having jurisdiction to do so. Even after execution of the proclamation in this regard.
It is often refer as “alimony” or a type of financial support from a spouse that is to help partner. Maintenance, on the other hand, is the act of carrying financial costs or reducing the burden on a spouse. It increases the burden and economic situation that changes materially by a divorce decree.
The primary purpose of maintenance is to maintain the standard of living of the spouse and to match their pre-divorce status. It is proceed during the declaration or after the divorce decree and ceases to exist at the death or remarriage of the maintenance owner. Spouse maintenance is determine by the presence of a variety of factors by the court as follows:-
- There is no separate source of income. The most important factor to consider before granting maintenance is the assessment of whether the spouse seeking maintenance has a different source of income or not. It is dependent on the income of his or her spouse only.
- The standard of living of both parties before the divorce.
- Expenses required to support children.
- The need to maintain the standard of living of the spouse as it was before the divorce.
- Capabilities, skills and educational background of a partner to earn a living and take care of themselves etc.
Types of Maintenance in Section 24
According to a competent court, maintenance can grant for the following reasons-
- Temporary Maintenance – Also known as maintenance “Pendente Lite” grant by the courts during the divorce proceedings. The purpose is to meet the needs and immediate expenses of the spouse who is part of the proceeding. With satisfaction, the court can grant it. Section 24 of the Hindu Marriage Act, 1955 deals with this type of maintenance. Others can claim under Section 125 (1) of the CrPC.
- Permanent Maintenance – As the term implies, it refers to the granting of an amount from time to time or continuously when the trial is over. Under, section 25 of the Hindu Marriage Act, 1955 is any spouse has the right to receive it.
Right of Maintenance ( section 24 )
Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956 originally refer to the provision of maintenance. The Hindu Marriage Act came in force in 1955. It applies primarily to Hindu people including Sikhs, Jains and Buddhists as well as persons who fall under Section 2 of the Hindu Marriage Act, 1955. Also children whose either of their parents are Hindus, Sikhs, Jains or Buddhists and are raise under the same religion will also be consider as Hindu and will have entitle to take maintenance. Under ancient Hindu law, a Hindu man was require to take care of the following people:
- His wife,
- Unmarried daughter,
- Legitimate son,
- Illegitimate son,
- Aged parents.
Thus, only Hindus (the operation of which can consider in Section 2 of the Hindu Marriage Act, 1955) are protect under this Act.
From ancient times women was kept in a disadvantage position which is not only weakness of society but also led to inequality. The Code of Criminal Procedure came into force in 1973. According to Section 125 of the Act, maintenance is permit for wives, children and parents irrespective of religion or personal laws. Therefore, it has provided a better environment for women by granting them rights in a dignified manner.
Hindu Marriage Act, 1955
Obligation to maintain Wife
Section 24 and Section 25 of the Act deal with the provisions to allow “Pendente Lite” and permanent maintenance respectively. In the case of Drs. Kulbhushan verses Raj Kumari and Anr, the court while deciding the amount of maintenance, it observe that the decision was establish on the facts. It is declare that if the court develops or determines the amount of maintenance, then such decision will be justify. It was also held in the case that it will be better to give the wife 25% of the husband’s salary as maintenance.
- Under Section 24 of the Act, if the court considers it appropriate and satisfied that the spouse does not have an independent income, he or she may order the respondent to pay maintenance to the applicant in accordance with the provisions of this Section. Thus, the plaintiff may be the husband.
- According to the provisions of Section 25 of the Act, which deals with the provision of permanent maintenance. A court may, on application by a defendant, issue an order for the provision of maintenance in the form of periodic payment or the full amount to be paid. Therefore, in this case the defendant can be a wife or a husband.
- The purpose of interpreting this provision in this way, is to avoid discrimination. Because both husband and wife are legally equal.
- Furthermore it was assume that the word “support” should not translate in the slightest sense. Thus, it did not simply involve subsistence. It aims to give a situation similar to that of a marriage defendant. Thus, considering all the facts and circumstances, the woman’s request is being reject.
Also read: what are the laws for the child labour
In the majority of judgments it can conclude that Section 125 of the Cr.P.C provides for strict compliance with maintenance provisions. It not only breaks a religious barrier that serves as a barrier to justice but also provides equal protection of law and justice for all regardless of one’s religion. Religion cannot overcome the principles of “justice” and “equality”. The concept of care is interpret differently in different terms of the law, but your purpose is to provide support. Therefore, the Code of Criminal Procedure through Section 125 aims to provide people of different religions with equal access to maintenance.
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