How To Claim Maintenance Under Hindu Adoption And Maintenance Act?

When a wife is not given financial support or parents are neglected in their old age, the law safeguards their dignity. HAMA, 1956, provides for them in Hindu families to claim the right of maintenance to meet their basic essentials of food, shelter, clothing, education, and medical aid.

This article describes who can claim maintenance under HAMA, the procedure, documentation, court proceedings, and landmark Supreme Court rulings that shape this legal mechanism.

What is HAMA and Who Can Use It?

Sikhs, Jains, Buddhists, and Hindus are all covered by the Hindu Adoption and Maintenance Act.  If you’re a:

• Wife deserted by your husband
• Parent left without care
• Child (even adopted) who isn’t support this law can protect you.

Sections That Help You

• Section 18: Hindu wife
• Section 19: Widowed daughter-in-law
• Section 20: Children and aged parents
• Section 21: Dependents
• Section 22: Obligations of heirs

Are You Eligible? Here’s Who Can Claim Maintenance

Can a Wife Live with Dignity After Separation? 

Yes, under Section 18. If your husband has deserted you, been cruel, remarried, or even changed his religion, you can claim monthly or lump sum maintenance.

You may lose this right if:

• You’ve been proven unfaithful
• You’ve converted to another religion

Case Law: Bharatha Matha v. R. Vijaya Renganathan (2010): A second wife whose marriage was void due to the husband’s existing marriage cannot claim maintenance.

Are You a Parent Who Raised Your Children, Only to Be Forgotten?

Under Section 20, you have the legal right to demand maintenance from your sons and daughters if you can’t maintain yourself.

Case Law: Kirtikant D. Vadodaria v. State of Gujarat (1996): A stepmother can only be eligible for support if she is a widow with no source of income of her own.

Widowed Daughter-in-Law? Don’t Suffer in Silence

If your husband passed away and you have no income or family to depend on, your father-in-law is legally bound to help, provided he has sufficient means.

Case Law: S. Sethurathinam Pillai v. Barbara (1971): A Christian woman who lived as a Hindu after her husband’s death was allowed to claim maintenance.

Full List of “Dependents” Who Can Claim

You might qualify if you fit into any of these categories: 

• Minor or illegitimate children
• Unmarried sisters
• Widowed daughters
• Elderly grandparents
• Widowed mother and father

Filing a Maintenance Claim: My Legal Journey

Step 1: Confirm Your Eligibility

Before going to court, I gathered evidence:

• Marriage certificate
• My financial documents
• Proof that my husband refused to support me

Step 2: File Your Petition in Court

Your petition should go to a Family Court or District Court. Include all documents. A lawyer can help, but you can file it yourself too.

Step 3: Present Your Side in Court

Once the petition is filed:

• The opposite party receives a notice from the court
• Evidence is submitted
• Hearings are conducted

Step 4: You Can Ask for Interim Support

I didn’t have to wait for the final judgment; the court granted me interim maintenance during the case. You can request this too.

Step 5: Get a Final Court Order

After months of hearings, the court ordered monthly maintenance based on income, lifestyle, and number of dependents.

How Much Maintenance Will You Get?

There’s no fixed number. The court will look at:

• Your standard of living during marriage
• Income and expenses of your spouse or children
• Number of other dependents

Case Law: Vimla v. Veeraswamy (1991): Maintenance is a legal right, not a matter of charity.

What If They Refuse to Pay? Here’s How I Got Paid

When my ex-husband skipped payments:

• I filed for execution of decree under Order 21 of CPC
• The court attached his salary and warned of arrest

Should You Use HAMA or Other Laws?

HAMA (Hindu Adoption and Maintenance Act)

• Applies to: Hindus only
• Forum: Family Court
• Key Use: Spousal, parent, and child maintenance

CrPC Section 125/ BNSS Section 144

• Applies to: All religions
• Forum: Magistrate Court
• Key Use: Quick and basic maintenance, especially for women and children

Protection of Women from Domestic Violence Act, 2005

• Applies to: Women
• Forum: Magistrate
• Key Use: Protection from abuse + maintenance and residence rights

Hindu Marriage Act, 1955

• Applies to: Hindus
• Forum: Family Court
• Key Use: Maintenance during legal separation or after divorce

Case Law: Roshan Lal v. Mohan Singh (1982): Amounts according to Section 125 CrPC must be reduced by any maintenance under HAMA.

Are Adopted Children Covered Too?

Yes.  Adopted children are entitled to support under HAMA, same like biological children.

Case Law: V. Tulasamma v. Sesha Reddy (1977): Maintenance rights are part of personal law and protected by the Constitution.

When Can Your Claim Be Denied?

Your claim may be rejected if:

• You are already earning enough
• You’ve remarried (widowed daughter-in-law)
• Your conduct disqualifies you (e.g., adultery in case of wife)

Final Thoughts

For me, claiming maintenance wasn’t about revenge, it was about survival, dignity, and justice. The Hindu Adoption and Maintenance Act gave me and gives many others, a legal shield against abandonment and neglect.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can I file a maintenance case under HAMA without a lawyer?

Yes, you can file a petition in family court without a lawyer, but legal guidance is recommended for proper documentation and arguments.

2. How does Section 24 of Hindu Marriage Act vary from maintenance under HAMA? 

HAMA covers ongoing obligations to dependents like wife, parents, or children regardless of divorce proceedings. Only in divorce or judicial separation procedures does Section 24 of Hindu Marriage Act come into play.

3. How much time does it take to receive HAMA maintenance? 

The timeline depends on the court’s workload and case complexity, but interim maintenance can often be granted within a few months of filing.