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A Critical Analysis of Law of Maintenance under Indian Administration of Justice System
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Dr. Surendra Kumar
Associate Professor at School of Law and Governance, Central University of South Bihar, Gaya, India
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Abhiyanshu Ranjan
Student at School of Law and Governance, Central University of South Bihar, Gaya, India
Abstract
This critical analysis explores the jurisprudential underpinnings and provisions of the legal framework of maintenance under the Indian Administration of Justice System, concentrating on its applicability to diverse personal laws. The research delves into the goals of maintenance, highlighting its constitutional foundation in guaranteeing social justice. It examines in detail the legal framework around maintenance for mothers, fathers, and children, covering aspects covered by secular, Muslim, Christian, and Hindu laws. “The Code of Criminal Procedure,1973 the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Protection of Women from Domestic Violence Act, 2005 are all covered in the analysis”. Interim maintenance and its importance are clarified by discussing the role of the Malimath Committee Report and CrPC amendments. The paper also explores maintenance under live-in relationships and outlines circumstances where a wife may not be entitled to claim maintenance, along with provisions for cancellation.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 2158 - 2174
DOI: https://doij.org/10.10000/IJLMH.118209Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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