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A Study On The Right To Maintenance Under CRPC Versus The Right To Maintenance Under Personal Laws




Vishalakshi Keshari, School of Law, UPES


ABSTRACT


In today’s society, it has been well accepted by the people that if a married couple is unable to live together along with each other happily in their matrimonial home, it is better for them to separate and live their lives individually, as a unhealthy family will lead to the upbringing of unhealthy children who will not be good for the society. But the major concern after the separation of husband and wife is the issue of maintenance. If either of the parties is unable to maintain itself on its own, it is the duty of the other party to provide maintenance. The paper talks about the solutions to the issue of maintenance. The provisions of maintenance in our nation are dealt on two facets, first under the personal laws of the respective faiths and other under the criminal procedure code, which is constant for everyone, regardless of their faith, belief, or religion. How and when can people claim maintenance from their spouse, or who else has the right to maintenance other than the wife. The paper elaborates both the criminal and the civil procedures under the Hindu, Muslim, Parsi and Christian personal laws, as to how a person falling within the particular categories can claim maintenance.


Keywords: maintenance, wife, father, mother, parents, legitimate, illegitimate, alimony, marriage.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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