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Maintenance and Residence of Female Child

Under the Hindu Marriage Act, there is provision for permanent alimony or allowance. Under section 4 of the Prohibition of Child Marriage Act, in case of annulment of a child marriage
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    Provision For Maintenance and Residence of Female Child

    Under the Hindu Marriage Act, there is provision for permanent alimony or allowance. Under section 4 of the Prohibition of Child Marriage Act, in case of annulment of a child marriage by the Court, provision has been made for maintenance and residence of female child-party to the marriage.

    However, it is significant to note that there is no provision for any such maintenance or residence of a male child-party to the marriage.

    Even during pendency of the petition, interim order for maintenance can be passed in favour of the female child. The idea is to enable the female child party to maintain and support herself during pendency of the litigation.

    Interim Maintenance when Main Petition is Pending

    Interim Maintenance when Main Petition is Pending Before the Court While granting a decree under section 3, the District Court may also make an interim or final order directing the male contracting party to the child marriage, and in case the male contracting party to such marriage is a minor, then directing his parent or guardian to pay maintenance to the female child-party to the marriage until her remarriage. (Section 4)

    Therefore, if you are a male child, you are not entitled to maintenance or interim maintenance. But if you are the female child, during pendency of petition under Prohibition of Child Marriage Act, you are certainly entitled to claim interim maintenance. If the respondent is a minor at that time, his parents or guardian shall be liable to pay you maintenance. The condition is that you, the female child, shall not be entitled to such maintenance the moment you remarry.

    What would be the Quantum of Maintenance to be Awarded to the Female Child who Contracted Marriage

    The quantum of maintenance payable to you as female child is to be determined by the District Court having regard to your needs, the lifestyle enjoyed by you during your marriage and the means of income of the paying party i.e., the male child, if not a minor, and those of his parents in case the male child is a minor at that time. (Section 4).

    The amount of maintenance so ordered in your favour as a female child may be directed to be paid monthly or in lump sum.

    As to when Court can Pass Order for Residence of Female Child-party to the Child Marriage

    Section 4 of Prohibition of Child Marriage Act provides that in case the party making the petition under -section 3 is the female child, the District Court may also make a petitionable order as to her residence until her remarriage.

    As to when Court can Pass Order for Modification or Revocation of Order Granting Maintenance or for Residence (section 7)

    The District Court has been empowered to add to, modify or revoke any order made under section 4 and if there is any change in the circumstances at any time during the pendency of the petition and even after the final disposal of the petition.

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    Matrimonial laws in India:

    Procedure followed in Matrimonial Petitions
    Section 21 of Hindu Marriage Act provides that all proceedings under this Act shall be regulated as far as may be, by Code of Civil Procedure.

    Restitution of Conjugal Rights
    A husband has the right to require his wife to live with him wherever he may choose to reside. On the other hand, it is corresponding duty of the wife to live with her husband

    What should an Aggrieved Person do in case of Domestic Violence
    If you, being the aggrieved person, have reason to believe that an act of domestic violence has been committed or is being committed or is likely to be committed, you may give information about it to the concerned Protection Officer.

    When one Can Seek Divorce
    Under the Hindu Marriage Act, there is provision for permanent alimony or allowance. Under section 4 of the Prohibition of Child Marriage Act, in case of annulment of a child marriage

    Hindu Marriage Act
    Hindu Marriage Act of 1955, came into force on 18th of May, 1955. It has amended and codified the law relating to marriage solemnized between two Hindus.

    How Can A Hindu Marry from other Religion
    Marriage between two persons, who are not Hindus, it would be a case of special marriage. In this regard, reference may be made to provisions of Special Marriage Act (43 of 1954)

    Judicial Separation
    Section 10 of Hindu Marriage Act provides for judicial separation. It provides that either party to a marriage can file a petition before the Court for such a relief.

    Maintenance for wife, children and parents - Section 125 CrPC
    When any person neglects or refuses to maintain, his wife, children or parents, than they can claim maintenance by filing an application before the Magistrate under Section 125 CrPC

    Maintenance Pendente Lite and Expenses of Proceedings
    Under Hindu Marriage Act where in any proceeding under this Act it appears to the Court that either the wife or the husband has no independent income sufficient for her or his support, Court may order for payment of monthly maintenance to the petitioner by the respondent.

    Nullity of Marriage
    A void marriage as par hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act. # The astronomical figure of One lakh copyrights registration has been achieved by legal Service India, Thank you for your continued support and trust in us.

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