20. MAINTENANCE OF CHILDREN AND AGED PARENTS.
1. Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
2. A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
3. The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
EXPLANATION
In this section "parent" includes a childless step-mother.
Section 20 of the Act provides for the maintenance of legitimate and illegitimate minor children and unmarried daughter and aged infirm parents who are unable to maintain himself or herself.
MAINTENANCE OF LEGITIMATE AND ILLEGITIMATE MINOR CHILDREN
The modern Hindu law imposes the obligation on both the parents and in respect of both legitimate and illegitimate children whether natural or adopted.
The legitimate and illegitimate children are entitled to maintenance from their parents only during the period of their minority. However, in case of unmarried daughter, the liability of any person to maintain her extends in so far as she is unable to maintain herself out of her own earnings or other property.
The obligation of parent to maintain the son ceases on his attaining majority, even if the son is incapable of maintaining himself due to temporary illness or disorder. But if disability or disorder is of a permanent nature, it is submitted, it would be in consonance with the principles of Hindu law that parent’s obligation to maintain him is recognized.
The obligation to maintain one’s children is a personal obligation and arises out of the personal relationship of parent and child.
The mere refusal of a son to live with his father does not disentitle him from claiming maintenance, though quantum of maintenance may be affected. The same is true about a disobedient son.
The term 'children' does not include grandson and granddaughter. The expression 'children' includes the adopted children so long they are minor.
MAINTENANCE OF UNMARRIED DAUGHTER
Section 20(2), Hindu Adoptions and Maintenance Act lays down that a Hindu has an obligation to maintain his children during their minority. But in respect of unmarried major daughters this obligation continues, though the father or mother are required to maintain a major unmarried daughter only so far she is "unable to maintain herself out of her own earning or other property."
In Sneh Prabha v. Ravinder Kumar 1995 SC 2110 the Supreme Court said that court has power to award maintenance against the father for major daughters also till they get married or settled gainfully.
The question whether she has any earnings of her own or property out of the income of which she could maintain herself is a question of fact to be decided in each case on the material on record.
That the major daughter is capable of earning is an irrelevant matter. What has to be shown is that she is actually earning or has property.
Section 20(3) does not speak of the capacity to earn an income but speaks of the existence of a source of income and the ability to maintain oneself with such income (Laxmi v. Krishna, 1968 Mys. 288.
The obligation to maintain a daughter includes reasonable expenses of her marriage (Chandra v. Nanak, 1975 Del. 175.).
The adopted daughter has the same right to claim maintenance as a natural born legitimate daughter.
ILLEGITIMATE DAUGHTER.—
Before 1956. there was a controversy among our High Courts whether the putative father has an obligation to maintain his illegitimate daughters.
Under the modern Hindu law, the controversy has been set at rest; she is entitled to claim maintenance against both her putative father and natural mother, but only during minority.
MAINTENANCE OF AGED INFIRM PARENTS
The obligation to maintain aged or infirm parents is a personal obligation arising out of the parent-child relationship.
However, under the old Hindu law, this obligation was imposed on the son alone. Daughters had no such obligation. The modern Hindu law, (s. 20, Hindu Adoptions and Maintenance Act, 1956) makes it an obligation of sons and daughters.
Explanation to S. 20, Hindu Adoptions and Maintenance Act now includes a childless stepmother in the expression ‘parent’. The childless stepfather is still excluded from the purview of the expression “parent”.
The obligation to maintain one’s aged parents exists during one’s life time. The obligation being personal, it exists independently of the personal possession of any property, ancestral or personal.
However, under the modern Hindu law this obligation is not absolute. One is required to maintain one’s aged or infirm parent when the latter is unable to maintain himself or herself out of his or her own earning or property; and if they are not able to maintain themselves, they should be treated as aged or infirm.
IS THERE ANY CONFLICT BETWEEN THE REMEDY AVAILABLE U/S 125 CR.P.C AND U/S 20 HAMA?
Remedies under both the laws are held to be co-existent, mutually, complementary, supplementary, and in aid and addition to each other.
Any order of maintenance u/s 125, Code of Criminal Procedure cannot foreclose remedy under Section 18 though the amount under Section 125, Code of Criminal Procedure shall be taken into consideration while awarding maintenance under personal law.
The expression parents would include the adoptive father and adoptive mother.
The term 'parent' includes a childless stepmother but not a stepfather.
PERSONAL LIABILITY
GRANT OF INTERIM MAINTENANCE ALLOWANCE
Though there is no express provision in the Act for grant of interim maintenance allowance there is no prohibition against granting such relief. The power to grant such interim allowance is implicit, ancillary and necessary corollary to the power to entertain a suit and pass final orders.
