Maintenance of Children and Aged Parents

Under the Section 20 of the Hindu Adoptions and Maintenance Act (HAMA) - 1956 children, husband/wife and aged parents are entitled maintenance and support.

The concept of maintenance with respect to divorce is very well known. Maintenance includes both while the case is in court as well as after the divorce.

But what is not well known (in my opinion) is the fact that the maintenance also extends to children (both legitimate or illegitimate) and aged or infirm parents. Section 20 of HAMA ensures this (see below).

This can be used by those people whose parents (in case of children) or children (in case of aged/infirm parents) have abandoned them to get what they deserve - a comfortable and peacful childhood/old age.

Abandoning old people and children is, I think, the most shameful thing anyone can do!


HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

20. Maintenance of children and aged parents
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends insofar as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
Explanation: In this section "parent" includes a childless step-mother.

21. Dependants defined For the purposes of this Chapter "dependants" means the following relatives of the deceased:
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not re-marry;
(iv) his or her son or the son of his predeceased son or the son of predeceased son of his predeceased son, so long as he is a minor:
PROVIDED and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a great grand-son, from the estate of his father or mother or father's father or father's mother;
(v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried:
PROVIDED and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her father's or mother's estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or father's mother;
(vi) his widowed daughter:
PROVIDED and to the extent that she is unable to obtain maintenance-
(a) from the estate of her husband, or
(b) from her son or daughter if any, or his or her estate; or
(c) from her father-in-law or his father or the estate of either of them;
(vii) any widow of his son or of a son of his predeceased son, so long as she does not remarry:
PROVIDED and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son or daughter, if any, or his or her estate; or in the case of a grandson's widow, also from her father-in-law's estate
(viii) his or her minor illegitimate son, so long as he remains a minor;
(ix) his or her illegitimate daughter, so long as she remains unmarried.