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SYNOPSIS OF THE PROPOSED DISSERTATION WORK.

FOR DEGREE OF L. L. M. OF DISTANCE EDUCATION CELL.

BHARATI VIDYAPEETH UNIVERSITY, PUNE.

LAWS RELATING TO MAINTENANCE A CRITICAL STUDY WITH REFERENCE TO INDIAN LAWS

SUBMITTED BY SOU. SADHANA RAJENDRA CHOUGULE.

SUPERVISOR MR. P. B. CHAVATE.

LECTURER BHARTI VIDHYAPEETHS. NEW LAW COLLEGE SANGLI.

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.

1) Aims & object of the study:


The subject of research process is the laws of maintenance. The concept of right maintenance is changing concept. There are various enactment came forward relating maintenance day by day. Because of various social or moral changes in society, there are various problem creates in most of families or between spouses. To tide over the situation various legislations have been enacted mostly in favor of womens, because they are the real or largest sufferers in the men dominated society. There has been no common or uniform law on the subject of maintenance because of varying traditions prevailing in different castes, sects, race, religion, faith and beliefs. The law of maintenance is scattered under various personal laws and enactments viz. code of criminal procedure 1973. Hindu marriage Act 1995, Hindu Adoptions and maintenance Act 1956 and Muslim women (protection of right on Divorce) Act 1986 and various Ailed Acts and Rules. There are various laws related to maintenance and all laws are situated in different footing. No anyone uniform law for all but the situation changes by various personal laws, but the main object of all these laws to maintain the dependants who not able to maintain themselves. Womens & childrens are the main suffers and they must be protected by laws.

Existing legislation:The law of maintenance specially mentioned in the following laws:-

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.

Code of Criminal procedure

Rantanalal Dhirajlal.

K.N.Chandrashekhara n Pillari.

C. D. Chakraborty

2008

Unique law publishers High court Road , Jodhapur-342001

167 to 239

Hindu Law

Paras Diwan

Law of Maintenance

A.G. Gupte

Hindu Marriage Act 1955

N. Nandi

Hindu Law

N. Nandi

2006

Dwivedi Law Agency, Alahabad.