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Section 23 of Hindu Adoptions and Maintenance Act, 1956 - Amount of Maintenance

Section 23 explains how a court determines whether maintenance should be awarded under the Hindu Adoptions and Maintenance Act, 1956 and, if so, the amount to be awarded. The provision requires the court to consider the circumstances specified in the section rather than applying a single fixed formula.

In simple terms The amount of maintenance depends on the category of claimant and the facts of the case. For a wife, children, and aged or infirm parents, subsection (2) lists the relevant considerations. For a dependant of a deceased Hindu, subsection (3) provides a separate set of factors linked to the deceased's estate, the dependant's needs, and other circumstances.

Section 23 - 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 -

  1. the position and status of the parties;
  2. the reasonable wants of the claimant;
  3. if the claimant is living separately, whether the claimant is justified in doing so;
  4. 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;
  5. 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 -

  1. the net value of the estate of the deceased after providing for the payment of his debts;
  2. the provisions, if any, made under a will of the deceased in respect of the dependant;
  3. the degree of relationship between the two;
  4. the reasonable wants of the dependant;
  5. the past relations between the dependant and the deceased;
  6. 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;
  7. the number of dependants entitled to maintenance under this Act.

How Section 23 works

Section 23 gives the court discretion to decide both the entitlement to maintenance under the Act and the appropriate amount. That discretion is structured by the statutory factors. The relevant considerations differ depending on whether the claim concerns a wife, child, aged or infirm parent, or a dependant claiming against the estate of a deceased Hindu.

Factors for wife, children, and aged or infirm parents

Under Section 23(2), the court considers the social and financial circumstances of the parties, the claimant's reasonable needs, available property and income, and the number of persons entitled to maintenance. Where the claimant is living separately, the court also considers whether separate residence is justified.

  • Position and status: the circumstances and standard of life of the parties are relevant to the assessment.
  • Reasonable wants: the court considers reasonable needs rather than treating maintenance as an automatic fixed sum.
  • Separate residence: where applicable, the justification for living separately is a statutory consideration.
  • Property and income: the claimant's property, earnings, and income from other sources must be taken into account.
  • Other persons entitled: the court also considers how many persons are entitled to maintenance under the Act.

Factors for dependants of a deceased Hindu

Section 23(3) operates in the context of maintenance of dependants. The court considers the net estate remaining after debts, any provision made by the deceased's will, the relationship and past relations between the dependant and the deceased, the dependant's reasonable needs and resources, and the number of dependants entitled to maintenance.

Related provisions: Section 21 defines "dependants" for Chapter III, while Section 22 deals with maintenance of dependants. Section 25 separately provides for alteration of maintenance on a material change in circumstances.

Meaning of maintenance under the Act

For context, Section 3 contains definitions used in the Act. The statutory definition of "maintenance" includes provision for food, clothing, residence, education, and medical attendance and treatment. In the case of an unmarried daughter, it also includes reasonable expenses of and incident to her marriage.

Official text and legal reference

For the current Central Act text, readers may verify the provision on the official India Code - Hindu Adoptions and Maintenance Act, 1956. The Act is Act No. 78 of 1956 and was enacted on 21 December 1956.

This page is intended for general legal information. The application of maintenance law depends on the facts, pleadings, evidence, applicable personal law, and other relevant statutory remedies in each case.