Escolar Documentos
Profissional Documentos
Cultura Documentos
INTRODUCTION
My subject of study of dissertation is laws of maintenance. The subject of maintenance is a wider scope in modern society. The various laws of maintenance available not only married womens but for the divorced wives and for windows also. The minor childrens, unmarried daughter have a right of maintenance from their parents. The old parents who not able to maintain themselves they also have right of maintenance. The most of Hindu laws imposes a moral obligation on husband to maintain his own wife. Wife should be maintained by her husband and unmarried daughter should also be maintained by her father and father-in-law provides maintenance to his sons window during his life time. Obligation of husband to maintain his wife arises out of the states of the marriage. Under the code of criminal procedure 1973 right to maintenance extent not only wife and dependent children but also to indigent parents and divorced wives, however dependent on the husband having sufficient means. The remedy under the Cr.P.C. is speedy and cheap. Under Hindu law wife has an absolute right to claim maintenance form her husband but she loses her right if she deviates from of chastity. Apart from the relationship of husband and wife other relation in which there is economics dependency are also considered to be entitled to maintenance by the Hindu adoptions and maintenance Act 1956. Accordingly a widow daughter-in-law is entitled maintenance form her father-in-law to the extents of the share of her diseased husband in the said property. The minor children of Hindu whether legitimate or illegitimate are entitled to claim maintenance from their parents. Similarly the aged and infirm parents of Hindu are entitled to claim maintenance from their children. The term parents also including also includes and issueless stepmother.
I) II) III)
Maintenance prior to Enactment of Hindu laws. Maintenance under Hindu Marriage Act 1955. Maintenance under the Hindu Adoptions & Maintenance Act 1956. IV) The Divorce Act V) Maintenance under the code of Criminal Procedure 1973. VI) Family Court Act 1984. VII) The Muslim women (protection of rights on divorce) Act 1986. VIII) Maintenance under Christian & Parsi Law. IX) Alimony. i) Alimony Pendent Lite. ii) Permanent Alimony.
Methodology:
In Research a particular topic may be taken by researcher. Research is a careful systematic study & investigation in some field, it is a scientific study and research must do it with a particular scientific method. In the work of research any particular subject chosen by the researcher. The subject of research play very important role in research work. When particular subject chosen by the researcher it is very important thing to him to work the research with a very careful scientific method. Research is a kind of investigation or examination and purposeful endeavor and it must need a particular kind of methodology there are many types of methods, in research work. Data collection about research subject is a main or primary method. Data that may be primary or secondary. We can obtain primary data from observation or by direct communication with respondents or by personally interviews. Secondary data that may be already being collected by someone else. We can also take help of mechanical devices for collect the primary data. When we chose any subject of research the method of the subject research that to formulate that problem by a specific way. The research design also very important. The researcher must taken a design his work, and must be work with the help of that particular design. Collection of data and its analysis play very important role in research work. Researcher may give and its application in Indian Legal System is a subject of my research, and my work of research as per the above method mentioned in early Paras.
Scheme of chapterisation:
I) II) III) Introduction Historical background of maintenance laws in Indian Legal system. Maintenance under Hindu Law. A) Hindu Marriage Act 1955. B) Hindu Adoptions & Maintenance act 1956. C) The Divorce Act.
IV)
Maintenance under Muslim Law. i)The Muslim women protection right on divorce Act 1986. V) Maintenance under Christian & Parsi Law. VI) Maintenance under the code of Cr.P.C.1973 VII) The recovery of amount of maintenance under Civil & Criminal Law. VIII) Various amendments came into force relating to law of maintenance. IX) Various important case laws & judgments relating to law of maintenance. X) Conclusion & suggestions.
Bibliography: Sr. no Name of Book Name of Author Year of Publica tion Publishers Address Page No.
Rantanalal Dhirajlal.
K.N.Chandrashekhara n Pillari.
C. D. Chakraborty
2008
167 to 239
Hindu Law
Paras Diwan
Law of Maintenance
A.G. Gupte
N. Nandi
Hindu Law
N. Nandi
2006