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Section 23 - Amount of maintenance : Hindu Adoptions and Maintenance Act 1956

 

What is the Amount of maintenance? Section 23 of Hindu Adoptions and Maintenance Act, 1956

Section 23 of Hindu Adoptions and Maintenance Act 1956 : "Amount of maintenance"

23. (1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to ?

(a) the position and status of the parties;

(b) the reasonable wants of the claimant;

(c) if the claimant is living separately, whether the claimant is justified in doing so;

(d) the value of the claimant's property, and any income derived from such property, from the claimant's own earnings or from any other source;

(e) the number of persons entitled to maintenance under this Act.

(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to ?

(a) the net value of the estate of the deceased after providing for the payment of his debts;

(b) the provisions, if any made under a will of the deceased in respect of the dependant;

(c) the degree of relationship between the two;

(d) the reasonable wants of the dependant;

(e) the past relations between the dependant and the deceased;

(f) the value of the property of the dependant and any income derived from such property; or from his or her earnings or from any other source;

(g) the number of dependant entitled to maintenance under this Act.

 

HINDU ADOPTIONS AND MAINTENANCE ACT 1956

Section 2 - Application of Act

Section 3 - Definitions

Section 4 - Overriding effect of Act

CHAPTER II ADOPTION

Section 5 - Adoptions to be regulated by this Chapter

 

 

Section 6 - Requisites of a valid adoption

Section 7 - Capacity of a male Hindu to take in adoption

Section 8 - Capacity of a female Hindu to take in adoption

Section 9 - Persons capable of giving in adoption

Section 10 - Persons who may be adopted

 

 

Section 11 - Other conditions for a valid adoption

Section 12 - Effects of adoption

Section 13 - Right of adoptive parents to dispose of their properties

Section 14 - Determination of adoptive mother in certain cases

Section 15 - Valid adoption not to be cancelled

 

 

Section 16 - Presumption as to registered documents relating to adoption

Section 17 - Prohibition of certain payments

CHAPTER III MAINTENANCE

Section 18 - Maintenance of wife

Section 19 - Maintenance of widowed daughter-in-law

Section 20 - Maintenance of children and aged parents

Section 21 - Dependants defined

Section 22 - Maintenance of dependants

Section 23 - Amount of maintenance

Section 24 - Claimant to maintenance should be a Hindu

Section 25 - Amount of maintenance may be altered on change of circumstances

Section 26 - Debts to have priority

Section 27 - Maintenance when to be a charge

Section 28 - Effect of transfer of property on right to maintenance

CHAPTER IV REPEALS AND SAVINGS

Section 29 - Repeals

Section 30 - Savings

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