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Author Topic: Maintenance of Children under Section 20 of HMA act  (Read 984 times)

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Offline advocate-lyngdoh

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Maintenance of Children under Section 20 of HMA act
« on: July 26, 2013, 04:06:05 AM »
The Hindu marriage Act states that both Mother and father are equally liable to maintain their children under section 20 of the said Act. This includes illegitimate children also


Further Section 20(2) of HMA ACT lays down that the children are entitled to maintenance during their minority.

This right of maintenance for the daughter is extended till she gets married.

 The parents are obliged to bear her marriage expenses.

When an application has been filed under section s24 and 25 of HMA ACT, the children are also entitled to get maintenance if the claimant has the responsibility of maintaining them i.e. the claimant’s right to maintenance also includes the right of maintenance of the children.

Section 26 of HMA ACT also provides that in any proceeding under the Act the court can from time to time pass interim orders and make provisions in respect of the custody, maintenance and education of the minor children.

However even after marriage a minor married daughter, if she is unable to maintain herself then she can claim for maintenance under S.125 CrPC.
Advocate Lyngdoh
Laitumkhrah, Shillong

 

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