Varshitha Kongara, B.B.A.LL.B (Hons.), Alliance School of Law, Alliance University, Bangalore
Citation:
AIR 2000 SC 1398
Bench:
D.P. Wadhwa, M.B. Shah
INTRODUCTION
The term "maintenance" refers to the monetary support given by the family's breadwinner for things like food, clothing, shelter, education, medical treatment, and other needs of life.
According to Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a husband has a duty to provide maintenance to his wife for the remainder of her life. The upkeep of minor children and elderly parents is also covered by Section 20 of the Act.
A Hindu is required, during his or her lifetime, to maintain his or her legitimate or illegitimate children. And the legitimate or illegitimate child can claim maintenance from his or her father or mother so long as the child is minor.
Both the mother and the father are vitally important in a child's upbringing. The basic prerequisites for a child's healthy development are the joint responsibility of both parents. Regardless of whether they are living together or apart, both parents have a duty to care for their children on a moral, social, and legal level. The child suffers the most when parents separate, so in order to prevent the child from becoming the victim of their parent's actions, the legislature under Hindu law enacted various rules that discuss the child's maintenance rights. In the event that one parent is granted custody of a kid, this does not relieve the other parent of their obligation to care for the child until they reach the age of majority.
