Maintenance Law and Practice

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Covering
Legitimate & Illegitimate Child : Difference between
Maintenance of child of rape victim : focused
Change in circumstances - interprted
Attachment of future salary - Justified if
Maintenance beyond idat period - explained
DNA test to determine paternity - conclusive if
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Description
As a system existing from time immemorial, Manu, the ancient jurist had prescribed long back that the aged parents, a virtuous wife and an infant must be maintained even by doing a hundred misdeeds and at present the liability to maintain a wife & children arising out of valid marriage has obtained statutory protection in personal or family laws, applicable to different religious communities like Hindu, Muslim, Christian, Parsee and so on.
Relevant statutes discussed
In our country provisions for maintenance are given in a number of statutes. It is embedded in CrPC as a secular provision. The personal and family laws of different religious communities like Hindu, Muslim, Christian, Parsee and so on do also contain the provisions of maintenance. To protect the weaker section of the society like women, aged parents and even the senior citizens, statutes such as the Protection of Women from Domestic Violence Act 2005 and the Maintenance & Welfare of Parents & Senior Citizens Act 2007 were enacted as a new field on the subject. Accordingly, all the relevant statutes are discussed thoroughly with the support of the up-to-date case laws of the Apex Court and the different High Courts.
A brilliant exposition
A brilliant attempt to harness all the relevant issues in this context makes the canvas of the work very much wide. Almost all the issues arising in this area like • maintenance of wife, children and parents
• interim maintenance • execution of order of maintenance • alteration of maintenance order
* maintenance of a widowed daughter-in-law or that of a divorced Muslim wife even after iddat period are embraced with remarkable skill and ability for convergence.
Controversial issues focused
As a unique publication, the work strides over some critical issues, such as right of a second wife while the first one is living, maintenance whether from the date of application or from the date of order, maintenance of step-mother or that of an unchaste wife or an illegitimate child, attachment of salary for default, DMA test to determine paternity, etc. All attempt has been made to enrich a reader on the current position of such issues. The work certainly has the merits to be treated as a faithful companion of the bench and the bar.
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Contents
1.    Maintenance of Various Communities in India
2.    Maintenance of Wife under Code of Criminal Procedure
3.    Maintenance of child under the Code of Criminal Procedure
4.    Maintenance of Parents
5.    Interim Maintenance
6.    Execution
7.    Practice and Procedure
8.    Alteration of Maintenance
9.    Enforcement of Order of Maintenance under section 128, Cr PC
10.  The Muslim Women (Protection of Rights on divorce Act, 1986)
11.  Maintenance and Welfare of Parents and Senior Citizens Act, 2007
12.  Maintenance under hindu Law
13.  Maintenance of Widowed Daughter-in-Law
14.  Maintenance of Children and aged parents
15.  Maintenance under Islamic Law
16.  Maintenance under Section 125, Cr PC
17.  Separate Maintenance of Muslim Children
18.  Maintenance of Muslim Parents
19.  Maintenance of Indian Christians, Parsis, Jews, Eurasians
20.  Maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act 2007
21.  Maintenance under the Hindu Marriage Act
22.  Permanent Alimony under section 25 of the Hindu Marriage Act, 1955
23.  Maintenance under the the Special Marriage Act, 1954
24.  Permanent Alimony under the special Marriage Act, 1954
25.  Maintenance under the Divorce Act, 1869
26.  Maintenance under the Parsi Marriage and Divorce Act, 1936
27.  Maintenance under the Jammu and Kashmir Hindu Marriage Act, 1980
28.  Maintenance under the Foreign Marriage Act, 1969
29.  Alimony for Muslim Women
30.  Maintenance under the Converts' Marriage Dissolutiion Act, 1866
31.  Protection of Women from Domestic Violence Act, 2005
Appendices
Appendix
1.    Code of Criminal Procedure, 1973
2.    The Muslim Women (Protection of Rights on Divorce) Act, 1986
3.    The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
4.    The Hindu Adoptions and Maintenance Act, 1956
5.    Maintenance of Wives
6.    The Hindu Marriage Act, 1955
7.    The Special Marriage Act, 1954
8.    The Divorce Act, 1869
9.    The Parsi Marriage & Divorce Act, 1936
10.  The Converts' Marriage Dissolution Act, 1866
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