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Can maintenance be claimed for 4 year child after death of husband?
06-Jul-2023 (In Family Law)
I seek legal advice for a case where a Hindu widow of 29 years want their in- laws to take care of educational expenses of their grandson. My friend's husband has recently died of heart attack.She is raising her child who is 4 years old. Her in laws are working and early good salary. My friend is also working in a private firm and earning only 15,000 per month . Her in laws used to quarrel with her so she has started living separately but not able meet both the ends. Could you please let me know if there is any law in Indian judiciary system to claim for maintenance support from her in-laws for her child.
Maintenance under Hindu law:
Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.
Apart from the relationship of husband and wife other relations in which there is economic dependency are also considered to be entitled to maintenance by the Hindu Adoptions and Maintenance Act, 1956. Accordingly a widowed daughter-in-law is entitled maintenance from her father-in-law to the extent of the share of her diseased husband in the said property. The minor children of a Hindu, whether legitimate or illegitimate, are entitled to claim maintenance from their parents. Similarly, the aged and infirm parents of a Hindu are entitled to claim maintenance from their children.
Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.
Apart from the relationship of husband and wife other relations in which there is economic dependency are also considered to be entitled to maintenance by the Hindu Adoptions and Maintenance Act, 1956. Accordingly a widowed daughter-in-law is entitled maintenance from her father-in-law to the extent of the share of her diseased husband in the said property. The minor children of a Hindu, whether legitimate or illegitimate, are entitled to claim maintenance from their parents. Similarly, the aged and infirm parents of a Hindu are entitled to claim maintenance from their children.
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What is the minimum maintenance to the wife?
The Supreme Court of India set a 25% monthly payment for the wife if the maintenance law is paid by the husband.
How child support is calculated in India?
The court will determine child support based on Indian divorce law and the costs of raising a child. In order to calculate child support, a number of factors are considered, including the parents lifestyles, the child’s education, health insurance, EMIs and other assets and responsibilities. 03-Sept-2023
What is the right to maintenance of a child in India?
According to Section 125 of 1973s Code of Criminal Procedure (CPC), if a person with sufficient means refuses to support his wife or child, or neglects it, they can apply to a Magistrate, who will order an allowance to be paid to them each month to help maintain their wife or child. In the case Chanmuniya Vs.
How much child maintenance should I pay in India?
The Supreme Court of India has ordered that the wife receive 25% of her husband's net income as a benchmark. It is not set. In general, the amount of alimony is between 1/3rd and 1/5th of the husband's income.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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