Research Paper on Law relating to maintenance in India with special reference to Uniform Civil Code

Abstract

The humanistic approach to society and personal morality is at the foundation of the benevolent maintenance jurisprudence. The word "maintain" comes from the French word "maintenir," and in Latin, "main" is the same as "manus," which means "hand," and "tenir," which is the same as "tenco," which means "to hold," or to lend a hand to someone who needs it. Food, clothing, shelter, and medical attention are all included in the definition of maintenance. It refers to the provision of necessities for existence; a source of support. In terms of marriage law, maintenance refers to the arrangements for necessities and comforts of life, such as clothing, housing, food, education, and medical care. It is the term used to refer to the weekly or monthly payments that may be mandated by a divorce or nullity decree in order to provide for the spouse's maintenance and support during the course of the couple's joint existence. Similar provisions for the benefit of the kids, such as maintenance, may be made in divorce, nullity, judicial separation, or restitution of conjugal rights proceedings. 2 The Hindu Adoption and Maintenance Act, 1956, defines "maintenance" as follows: "Maintenance" includes I in all circumstances, provisions for food, clothing, housing, education, and medical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable costs of, and incident to, her marriage. The maintenance of many parties is provided for by our Indian laws. This personal duty to pay maintenance results from the parties' relationship. The wife, children, and elderly parents are among the parties who are entitled to support. The wife's claim to maintenance is a byproduct of her marital status. The wife has the right to be supported by her husband for the rest of her life under this private responsibility that results from the institution of marriage.