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Case Commentary: Amit Kumar Sharma V. Vith Addl. District And Sessions Judge, 1998




Arushi Sharma, Symbiosis Law School, Pune

“HINDU ADOPTION AND"MAINTENANCE" ACT, 1956”

The Hindu Adoption and "maintenance" Act” is an Indian law that was enacted in 1956 to govern the adoption and "maintenance" of children by Hindus, Buddhists, Jains, and Sikhs. The act replaced the traditional Hindu law of adoption, which varied from region to region and was not uniform.

FACTS

The case at hand is regrading the "maintenance" of the wife her two children and the mother in law i.e the mother of the husband, who was being taken care of by the wife. Now according to the “section 24 of the Hindu Marriage act” only the wife or the husband is liable to get compensation and that this compensation cannot be stretched at all to include the children as well.

The second issue that was faced in this case was that can the "maintenance" clause be stretched enough to include the mother in law as well who the wife was taking care of with her children. The learned council for petitioner said that the mother in law has remedy under section 125 Code of criminal procedure against children who fail to look after their parents. Thus she can enforce her right to “maintenance” through “section 125 Crpc” or maintain ace through “section 20 of the Hindu Adoptions and"maintenance" Act” which also allows the parents of a neglecting child to recover maintain from them.

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Indian Journal of Law and Legal Research

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