Maintenance – minor entitled to be maintained by mother as well as father if both are earning members

🎓🎓Maintenance – minor entitled to be maintained by mother as well as father  if both are earning members .

The Supreme Court in the case reported as MANU/SC/0207/2000 : (2000) 4 SCC 266 Padmja Sharma v. Ratan Lal Sharma has dealt with the issue of maintenance and obligation of the mother having the earning capacity to maintain the children.

The relevant discussion appears in para No. 10 which is extracted hereunder:--

"Maintenance has not been defined in the Act or between the parents whose duty it is to maintain the children.

Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Succession Act, 1956 constitute a law in a coded form for the Hindus.

Unless there is anything repugnant to the context definition of a particular word could be lifted from any of the four Acts constituting the law to interpret a certain provision.

All these Acts are to be read in conjunction with one another and interpreted accordingly. We can, therefore go to Hindu Adoptions and Maintenance Act, 1956 (for short the 'Maintenance Act') to understand the meaning of the 'maintenance'.

In Clause (b) of Section 3 of this Act "maintenance includes

(i) in all cases, provisions for food, clothing residence, education and medical attendance and treatment;

(ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage."

And under Clause (c) "minor means a person who has not completed his or her age of eighteen years,"

Under Section 18 of Maintenance Act a Hindu wife shall be entitled to be maintained by her husband during her life time.

This is of course subject to certain conditions with which we are not concerned.

Section 20 provides for maintenance of children and aged parents.

Under this Section a Hindu is bound, during his or her life time, to maintain his or her children.

A minor child so long as he is minor can claim maintenance from his or her father or mother.

Section 20 is, therefore, to be contrasted with Section 18.

Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother.

It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor.".  

Referred in Rupali Gupta vs. Rajat Gupta (05.09.2016 - DELHC) : MANU/DE/2384/2016🎓🎓