The Hindu Female and Maintenance

Certain familial relationships impose legal obligations and responsibilities depending on the nature of the relationship. The term ‘maintenance’ includes provisions for basic facilities, such as food, clothing, shelter, education and medical treatment.For want of some basic knowledge a lot of people often suffer needless privation.Here is a list to help Hindu females of all ages whether they be children; married, unmarried, separated, divorced or widowed women or aged mothers:

A Hindu is bound, during his or her lifetime, to maintain all his or her legitimate and illegitimate children. So a daughter whether a legitimate or illegitimate child may claim maintenance from her father or mother or both so long as she is a minor.

A major unmarried daughter is entitled to claim maintenance from her parents in case she is not able to maintain herself from her own income or other property.In case of an unmarried daughter, the term ‘maintenance’ includes adequate provision for her marriage. The personal legal obligation to provide maintenance is continued till she is unmarried.In a special decision of a case of Smt. Sneh Prabha v. Ravinder Kumar, AIR 1995 SC 2170, it was held by the Supreme Court that the father is obliged to provide maintenance to daughters for the purpose of their education and marriage, even if the mother earns well and has generous income of her own.

Moreover a daughter is considered as a member of the joint family to which she is born until the event of her marriage. She is entitled to claim maintenance from the share of her father in the joint family property. This is applicable irrespective of the fact whether she is a minor or an adult.

In the event of the father’s death, the unmarried or widowed daughters can be considered as his dependents and they can claim maintenance from his property.

A Hindu wife is entitled to be provided for by her husband throughout the duration of her lifetime. The only way the wife can null her maintenance is if she renounces being a Hindu and converts to a different religion, or if she commits adultery.The Supreme Court in Kirtikant D. Vadodaria v. State of Gujarat and another, (1996) 4 SCC 479, has held that “According to the law of land with regard to maintenance there is an obligation on the husband to maintain his wife which does not arise by reason of any contract – expressed or implied – but out of jural relationship of husband and wife consequent to the performance of marriage .The obligation to maintain them is personal, legal and absolute in character and arises from the very existence of the relationship between the parties.”In another case B.P. Achala Anand vs S. Appi Reddy & Anr AIR 2005 SC 986, The Supreme court has held that:A Hindu wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband’s conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife’s right to maintenance. The right to maintenance cannot be defeated by the husband executing a will to defeat such a right.So a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance-(a) if he is guilty of desertion, i.e., of abandoning her without reasonable cause and without her consent or against her wish, or willfully neglecting her;(b) if has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injuries to live with her husband;(c) if he is suffering from a virulent form of leprosy/venereal diseases or any other infectious disease;(d) if he has any other wife living;(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere:(f) if he has ceased to be a Hindu by conversion to another religion:(g) if there is any other cause justifying living separately.

If the wife is widowed by her late husband, then it is the duty of the father-in-law to provide for her. This legal obligation only comes into effect if the widowed wife has no other means of providing for herself. If she has land of her own, or means of an income and can maintain herself then the father-in-law is free from obligation to her. Additionally, if the widow remarries or she has obtained a share in the coparcenery properties during partition then her late husband’s father  is not legally bound to maintain her any longer. But her right to share in the separate property of her husband or in his interest in coparcenery property cannot be divested.-Animuthu v. Gandhimmal 1977 HLR 628

In case of matrimonial discord ,the courts can order interim maintenance & maintenance pendente lite during the pendancy of matrimonial cases.Also the court may at the passing of any decree e.g. divorce decree, or at any time thereafter, on application , order the payment of maintenance and support. The maintenance may be in a gross sum or on periodical or monthly basis.

A Hindu is obliged during his/her lifetime to maintain his or her aged or infirm parent insofar as the parent is unable to maintain himself or herself out of his or her own earnings or other property.