Maintenance and welfare of parents :

Ageing has become a major social challenge because of decline in the joint family system. A large number of elderly persons, particularly widowed women are not being looked after by their families. They are forced to spend the twilight years all alone and exposed to emotional neglect and are not being provided financial support.

To combat this social challenge and giving attention to the care and protection for the older persons, there is a provision under Code of Criminal Procedure under which parents can claim maintenance from their children but the procedure is time-consuming and expensive. It is desirable to that simple, inexpensive and speedy provisions may be made to claim maintenance by suffering parents.

To cast an obligation on the persons who inherit the property of their aged relatives to maintain them and to make provisions for setting up old age homes for providing maintenance to the indigent older persons and to provide better medical facilities to senior citizens and to make provisions on protection of their life and property, the maintenance and welfare of parents and senior citizen act can be invoked by citizens who have attained the age of 60 years.

Maintenance to wife & children

Various enactments provide different provisions for maintenance of wife by her husband. Some of these provisions provide for maintenance during the pendency of litigation between the parties while other during the subsistence of marriage. Very often the application seeking fixation of maintenance itself takes considerable time.

Therefore, in order to do justice to the parties especially to the weaker party, it has been held by courts that ad interim maintenance is granted to the wife for herself and to the children. The right of a wife for maintenance is an incident of the status or estate of matrimony.

The object is to prevent hardship and protect women and children whose very existence becomes threatened because of nonavailability of requisite means. It is to provide support to the non-earning spouse by the earning spouse and may include reimbursement of medical expenses as well as litigation expenses ( necessary expenses of the proceedings ) incurred by the dependent spouse having regard to own income as well as that of the spouse.

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