Maintenance of Children and Aged Parents under the Hindu Adoption and Maintenance Act, 1956

Introduction

The Hindu Adoption and Maintenance Act (HAMA), 1956, enacted on 21st December 1956, outlines provisions for adoption and maintenance within Hindu families. Part of the larger Hindu Code Bills, this Act complements legislations such as the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956. It contains 30 sections spread across four chapters: preliminary, adoption, maintenance, and repeals and savings. Of particular relevance is Chapter III (Sections 18–28), which addresses maintenance under four key areas, including Section 20, which pertains to the maintenance of children and aged parents.

Definition of Maintenance under HAMA

“Maintenance” under HAMA includes provisions for basic needs such as food, clothing, residence, education, and medical care. For unmarried daughters, this extends to reasonable marriage expenses. It is important to note that maintenance under HAMA is only available to Hindus, as the Act is explicitly framed within the context of Hindu family law.

Obligation to maintain Children and Aged Parents

Section 20[1] establishes a Hindu’s obligation to maintain their children (legitimate or illegitimate) and aged or infirm parents. This duty is imposed during the lifetime of the person, but only under specific conditions.

Maintenance of Children

• Under Section 20[2] of the Hindu Adoption and Maintenance Act, both parents, regardless of gender, are equally obligated to provide for their children, whether biological or adopted. The Act emphasizes equal responsibility in the Hindu legal framework for both the mother and father in raising their children.
• According to Section 20(2)[3], minor children have a legal right to maintenance. A daughter is entitled to maintenance until her marriage, and her parents are also responsible for covering the costs of her wedding. If a married daughter is still a minor and unable to support herself, she can seek maintenance under Section 125[4] of the Criminal Procedure Code (CrPC). Furthermore, when a claim for maintenance is made under Sections 24 and 25 of the Hindu Marriage Act[5], it includes the children’s right to maintenance as well.
• Section 26[6] of the Hindu Marriage Act allows the court to issue interim orders regarding the custody, support, and education of minor children in cases related to the Act. For instance, in Ram Chandra Giri v. Ram Suraj Giri[7], the court ruled that the father’s claim that a healthy minor son could fend for himself was invalid, affirming that potential earning capacity cannot be applied to minors.

Illegitimate Children and Maintenance

Illegitimate children are entitled to maintenance under the Hindu Adoption and Maintenance Act, which does not distinguish between legitimate and illegitimate children in this regard. The Act ensures that all children receive the necessary support from their parents, regardless of legitimacy, protecting their innocence and basic needs.

Maintenance of Parents

• Section 20[8] of the Hindu Adoption and Maintenance Act also imposes a responsibility on children to support their elderly or disabled parents who cannot care for themselves due to a lack of resources, property, or income. This section establishes a legal duty for both sons and daughters to provide for their parents. It explicitly includes stepmothers under the term “parent.” However, the obligation is limited to parents who are unable to maintain themselves; for other parents, the obligation remains moral rather than legal.
• In the case of children, this includes covering education, marriage expenses, and general support, while for parents, it extends to meeting basic needs. A magistrate can order regular financial support from the person responsible for maintenance.
• In Raj Kishore Mishra v. Smt. Meena Mishra[9], the Allahabad High Court held that a father-in-law is not obliged to maintain his daughter-in-law if he has no sufficient means from any property out of which she could claim a share.
• Aged parents can claim maintenance when they are unable to support themselves due to factors such as illness, old age, or financial constraints. Key factors that influence maintenance claims include:
  • Voluntariness: Children may voluntarily provide maintenance.
  • Financial Need: Parents must demonstrate a genuine need and inability to support themselves.
  • Children’s Financial Capacity: The court will assess the children’s financial ability to provide support.
  • Health and Age of Parents: These factors may be relevant in determining their earning potential.
  • Other Means of Support: The court may consider alternative support, such as pensions or government aid.

Maintenance of Dependants (Section 21)[10]

The Act defines a list of dependants who are entitled to maintenance from the estate of a deceased Hindu, including:

i. Father and mother.

ii. Widow of a pre-deceased son or grandson.

iii. Minor sons and grandsons.

iv. Unmarried daughters and granddaughters.

v. Widowed daughters and daughters-in-law.

vi. Illegitimate sons and daughters.

Amount of Maintenance

• The amount of maintenance under the Hindu Adoption and Maintenance Act is not fixed and can vary from case to case.
• Section 23[11] outlines several factors to be considered when determining maintenance amounts:
  • Status of the parties: Current financial and social positions of both parties.
  • Claimant’s needs: The reasonable wants and claims of the claimant.
  • Number of dependents: The total number of individuals entitled to maintenance.
  • Claimant’s income: All sources of income and property value for the claimant.
  • Justification for separation: If the claimant lives separately, the grounds for doing so must be justified.
• Section 23(3)[12] further requires consideration of the following when assessing maintenance for a dependent:
  • Net value of the estate: The total estate value after accounting for debts.
  • Will provisions: Any stipulations made in the deceased’s will regarding the dependent.
  • Relationship degree: The nature of the relationship between the parties.
  • Reasonable wants of the dependent: The essential needs of the dependent.
  • Past relationship: The history of the relationship between the dependent and the deceased.
  • Dependent’s property: Value and income from any property owned by the dependent.
  • Total dependents: The total number of dependents entitled to maintenance under the Act.
• Additionally, Section 25[13] allows for alterations to the maintenance amount due to material changes in circumstances. The court can adjust the fixed maintenance amount if it is shown that there has been a significant change in the financial situation or needs of either party.
• Factors that may indicate a material change include:
  • Income changes: Increases or decreases in either party’s earning capacity or income.
  • Expense changes: Variations in living costs, medical expenses, or other financial obligations.
  • Dependency changes: Changes in the health or dependency status of the maintenance recipient.
  • Standard of living changes: Alterations in the living standards of either party since the initial maintenance order.
  • Marital status changes: Remarriage or cohabitation of the paying spouse.
  • Parental responsibilities: New maintenance obligations due to additional children or dependents.
  • Assets and liabilities: Changes in the financial assets or liabilities of either party.
  • Employment status changes Job loss, retirement, or other employment shifts.
• The burden of proof for any alterations in maintenance lies with the party seeking the change, requiring them to substantiate their claims through financial statements, pay stubs, medical records, or witness testimonies.

Conclusion

The Hindu Adoption and Maintenance Act, 1956, codifies the obligations of Hindus to provide for the maintenance of both their children and aged or infirm parents. The Act aims to ensure that minors and financially dependent parents receive the necessary support to meet their basic needs. Through Section 20[14], the Act extends the duty of care to include legitimate and illegitimate children, unmarried daughters, and aged parents who cannot support themselves, thereby emphasizing the moral and legal responsibility of family members within Hindu society.

[1] The Hindu Adoption and Maintenance Act, 1956, s. 20.

[2] Ibid.

[3] The Hindu Adoption and Maintenance Act, 1956, s. 20(2).

[4] The Criminal Procedure Code, 1973, s. 125.

[5] The Hindu Marriage Act, 1955, ss. 24, 25.

[6] The Hindu Marriage Act, 1955 Id. at s. 26.

[7] 1980 CrLJ (Mad).

[8] Supra at 1.

[9] AIR 1995 ALL 70.

[10] The Hindu Adoptions and Maintenance Act, 1956, s. 21.

[11] Id. at s. 23.

[12] Id. at s. 23(1).

[13] Id. at s. 25.

[14] Supra at 1.