Maintenance law in India provides legal remedies to people who are unable to meet their basic financial needs, including children, spouses and elderly or dependent parents. The law does not prescribe one fixed amount of maintenance for every case. Courts generally consider the needs of the person seeking maintenance along with the financial position and obligations of the person who may be required to provide support.

Different laws can apply depending on the relationship between the parties, their personal law and the circumstances of the claim. A lawyer handling family law matters can help determine which legal provision and remedy may apply to a particular maintenance dispute.  For children and aged parents, the Hindu Adoptions and Maintenance Act, 1956 (HAMA) contains specific provisions, while the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a separate statutory framework for parents and senior citizens.

What Is Maintenance Under Indian Law?

Maintenance generally refers to financial support required for a person's basic needs and well-being. Depending on the applicable law and circumstances, it may cover necessities such as food, clothing, residence, education and medical care.

The amount is not automatically fixed by a particular percentage of the payer's income. The court examines the facts of the case, including the claimant's reasonable needs, available income and property, the financial capacity of the person from whom maintenance is claimed, and the number of people dependent on that person.

Under Section 23 of the Hindu Adoptions and Maintenance Act, 1956, the court considers factors such as the status of the parties, reasonable needs of the claimant, the claimant's property and income, and the number of persons entitled to maintenance.

Maintenance of Children and Aged Parents Under Section 20 HAMA

Section 20 of the Hindu Adoptions and Maintenance Act, 1956 specifically deals with maintenance of children and aged parents.

Under Section 20(1), a Hindu is required to maintain legitimate or illegitimate children and aged or infirm parents, subject to the conditions provided in the section.

A legitimate or illegitimate child can claim maintenance from the father or mother while the child is a minor. Section 20(3) separately provides for the maintenance of an aged or infirm parent who is unable to maintain themselves from their own earnings or property. It also recognises the right of an unmarried daughter who is unable to maintain herself from her own earnings or property.

This provision is important because the right to maintenance depends on the particular circumstances and the applicable statutory provision. It should not be assumed that every child or parent has an unlimited or automatic right to a particular amount.

Can a Child Claim Maintenance From Parents?

Yes, subject to the applicable law and the conditions of the claim.

Under Section 20(2) of HAMA, a legitimate or illegitimate child may claim maintenance from the father or mother while the child is a minor. The court may consider the child's reasonable needs and the financial circumstances of the parents while determining the appropriate relief.

Education, food, residence, medical requirements and other reasonable needs may be relevant when assessing the amount of support required.

For a major unmarried Hindu daughter, Section 20(3) provides a separate statutory basis where she is unable to maintain herself from her own earnings or property. The Supreme Court discussed this distinction in Abhilasha v. Parkash, explaining that the right under Section 20 of HAMA is different from the limited remedy available to children under the old Section 125 of the CrPC.

Are Illegitimate Children Entitled to Maintenance?

Section 20 of HAMA expressly refers to both legitimate and illegitimate children.

Therefore, the law does not exclude an illegitimate child from claiming maintenance merely because of the circumstances of the child's birth. The statutory right is concerned with the child's entitlement to support under the applicable legal provisions.

The exact remedy and procedure can depend on the facts of the case and the law under which the claim is filed.

Can an Unmarried Daughter Claim Maintenance After Majority?

This requires an important distinction.

Under Section 20(2) of HAMA, the general statutory right of a legitimate or illegitimate child to claim maintenance from a parent under that provision continues while the child is a minor.

However, Section 20(3) specifically recognises the obligation to maintain an unmarried daughter who is unable to maintain herself from her own earnings or property.

In Abhilasha v. Parkash, the Supreme Court clarified that the right of an unmarried Hindu daughter under Section 20(3) of HAMA is distinct from the summary remedy under Section 125 of the CrPC. The case is therefore important when dealing with a maintenance claim by a major unmarried Hindu daughter.

When Can Elderly Parents Claim Maintenance From Their Children?

An aged or infirm parent may have a right to seek maintenance when they are unable to maintain themselves from their own earnings or property, subject to the applicable law.

Section 20 of HAMA recognises the obligation of a Hindu to maintain an aged or infirm parent who cannot maintain themselves from their own earnings or property.

There is also a separate remedy under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This legislation specifically provides for the maintenance and welfare of parents and senior citizens and establishes a framework involving Maintenance Tribunals and related procedures.

Maintenance Under the Senior Citizens Act, 2007

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to provide more effective provisions for the maintenance and welfare of parents and senior citizens.

The Act contains provisions dealing with maintenance applications, jurisdiction and procedure, Maintenance Tribunals, maintenance orders, alteration of maintenance and enforcement. It also contains provisions relating to the protection of the life and property of senior citizens.

This means an elderly parent should not assume that a maintenance dispute can only be pursued under personal law. Depending on the circumstances, the Senior Citizens Act may provide another statutory route.

How Is the Amount of Maintenance Decided?

There is no single fixed amount of maintenance that applies to every case.

Under Section 23 of HAMA, the court considers several circumstances while determining maintenance for a wife, child or aged or infirm parent. These include:

• The status and position of the parties

• The reasonable needs of the person claiming maintenance

• The income and property of the claimant

• Income from the claimant's property or other sources

• Whether the claimant is living separately and, where relevant, whether there is justification for doing so

• The number of people entitled to maintenance

The court therefore looks at the overall financial circumstances rather than applying a fixed formula in every case.

Can the Maintenance Amount Be Changed Later?

Yes. A maintenance order is not necessarily permanent in every situation.

Section 25 of HAMA provides that an amount of maintenance fixed by a court decree or agreement may subsequently be altered if there is a material change in circumstances that justifies the alteration.

For example, a substantial change in income, financial responsibilities, medical needs or other relevant circumstances may become important when a court considers an application for modification.

The party seeking a change should place appropriate material before the court to establish the relevant change in circumstances.

Maintenance Rights of Divorced Muslim Women

Maintenance law can also arise under different personal and statutory frameworks.

In Mohd. Abdul Samad v. State of Telangana, decided by the Supreme Court in July 2024, the Court held that Section 125 of the Code of Criminal Procedure, 1973 is available to divorced Muslim women. The Court also clarified that the remedy under the Muslim Women (Protection of Rights on Divorce) Act, 1986 is not in derogation of the Section 125 remedy.

For current proceedings, it is also important to consider the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the CrPC from 1 July 2024. The applicable provision and procedure should therefore be checked according to the date and circumstances of the case.

Important Supreme Court Rulings on Maintenance

Abhilasha v. Parkash

In Abhilasha v. Parkash, the Supreme Court examined the maintenance rights of an unmarried Hindu daughter under Section 20 of HAMA. The judgment clarified the difference between the remedy available under the old Section 125 CrPC and the substantive right recognised under Section 20(3) HAMA.

Rajnesh v. Neha

The Supreme Court's decision in Rajnesh v. Neha is also important in maintenance proceedings. The judgment discusses principles relevant to determining maintenance and disclosure of financial information. It also refers to the statutory rights of children and aged parents under HAMA.

Mohd. Abdul Samad v. State of Telangana

This 2024 Supreme Court judgment clarified that a divorced Muslim woman can seek maintenance under Section 125 CrPC, in addition to the remedy available under the 1986 Act.

These judgments demonstrate that maintenance law depends heavily on the relationship between the parties, the applicable statute and the facts of the individual case.

How a Lawyer Can Help in a Maintenance Case

Maintenance disputes often involve more than simply calculating a monthly amount. The first step is to identify the correct legal provision and forum for the claim.

A lawyer can examine the relationship between the parties, available income and assets, financial needs, existing maintenance orders and other relevant documents. They can also advise whether a claim should be pursued under personal law, the applicable maintenance provisions or the Senior Citizens Act.

For parents facing financial neglect, timely legal advice can also help determine whether proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 may be appropriate.

Advocate Ravi Drall represents clients in family and maintenance-related legal matters and can assist with understanding the available remedies and preparing the appropriate legal proceedings.

Why Choose Ravi Drall and Associates for Maintenance Matters?

Maintenance disputes can directly affect a person's financial security and day-to-day well-being. Whether the matter involves child maintenance, an unmarried daughter's claim or support for an elderly parent, the legal position needs to be examined according to the facts.

Ravi Drall and Associates provides legal assistance in family law and maintenance matters, including cases involving children, parents and other family-related financial claims.

Advocate Ravi Drall focuses on understanding the facts of each matter before advising on the appropriate legal remedy. The objective is to help clients understand their rights, responsibilities and available options under the applicable law.

Key Takeaways on Maintenance Law

Maintenance law is designed to provide financial support where a person who is legally responsible for support neglects or refuses to provide it, subject to the requirements of the applicable law.

For children and aged parents, Section 20 of the Hindu Adoptions and Maintenance Act, 1956 is an important provision. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides another specific framework for parents and senior citizens. The legal remedy available in a particular matter depends on the parties involved, their personal law, the nature of the claim and the facts of the case.

If you are dealing with a maintenance dispute involving a child, elderly parent or family member, Ravi Drall and Associates can help you understand the applicable legal provisions and available remedies. Contact Advocate Ravi Drall for legal assistance with maintenance and family law matters in Delhi.

Frequently Asked Questions About Maintenance Law

Can parents claim maintenance from their children?

Yes, subject to the applicable law and the facts of the case. Section 20 of HAMA recognises the maintenance rights of aged or infirm parents who are unable to maintain themselves from their own earnings or property. The Senior Citizens Act, 2007 also provides a separate statutory framework for maintenance of parents and senior citizens.

Can a minor child claim maintenance from either parent?

Under Section 20(2) of HAMA, a legitimate or illegitimate minor child may claim maintenance from the father or mother. The amount depends on the child's needs and the financial circumstances of the parties.

Is there a fixed amount of maintenance in India?

No. The amount depends on the applicable law and facts of the case. Courts may consider the needs of the claimant, income and property, financial obligations and other relevant circumstances.

Can maintenance be increased or reduced later?

It may be altered where the law permits and there is a material change in circumstances. Section 25 of HAMA specifically recognises alteration of maintenance where circumstances materially change.

Can an elderly parent approach a Maintenance Tribunal?

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for applications for maintenance and establishes Maintenance Tribunals for matters covered by the Act.