INTERPRETATION OF STATUTES

INTERPRETATION OF MAINTENANCE IN HINDU LAW

Submitted by:
Jaspreet Kaur
(2021BALH07ASL001)
Sahiba Verma
(2021BALH07ASL041)
B.A. LL.B. (Hons.)
Batch 2021-2026

Submitted to:
SHUBHI TRIVEDI

ALLIANCE SCHOOL OF LAW

ALLIANCE UNIVERSITY, BENGALURU

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 ABSTRACT

This research paper focuses on the interpretation and challenges associated with maintenance
under Hindu law, emphasizing on relevant sections of the Hindu Marriage Act, the Hindu
Adoption and Maintenance Act, and the Criminal Procedure Code (CrPC). It aims to
Investigate how Indian courts have interpreted the concept of maintenance in Hindu law,
considering various landmark judgments and case studies.

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 TABLE OF CONTENT

1. INTRODUCTION-------------------------------------------------------------------------------3

1.1 SCOPE AND OBJECTIVE-----------------------------------------------------------------------4

1.2 RESEARCH PROBLEM--------------------------------------------------------------------------4

1.3 Literature review------------------------------------------------------------------------------------5

1.4 RESEARCH QUESTION-------------------------------------------------------------------------5

1.5 HYPOTHESIS--------------------------------------------------------------------------------------6

1.6 RESEARCH METHODOLOGY-----------------------------------------------------------------6

2. DEFINITION OF MAINTENANCE---------------------------------------------------------6

3. METHODS OF INTERPRETATION--------------------------------------------------------8

4. CASE STUDY-----------------------------------------------------------------------------------8

5. IMPACT OF INTERPRETATION----------------------------------------------------------13

6. CONTROVERSIES----------------------------------------------------------------------------13

7. CONCLUSION---------------------------------------------------------------------------------14

8. REFERENCE-----------------------------------------------------------------------------------16

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 1. INTRODUCTION
Maintenance has an important role in the legal framework of Hindu law, giving essential
financial assistance to members of the Hindu community. Courts have a major role in
interpreting and executing maintenance regulations to promote fairness and equity among the
parties concerned. This research study explores the complex environment of maintenance
under Hindu law, concentrating on how courts have interpreted these rules, the major issues
they have faced, and the consequences of their rulings.

Under Hindu law, maintenance includes a variety of elements, such as help within married
relationships, adoption circumstances, and even addressing the needs of persons in live-in
relationships. Sections 24 and 25 of the Hindu Marriage Act, Section 18 of the Hindu
Adoption and Maintenance Act, and Section 125 of the Criminal Procedure Code (CrPC) are
the fundamental legislative rules that govern maintenance within the Hindu community.

This research paper will examine how courts have interpreted and applied these laws over
time. This covers the developing notion of "maintenance" in light of changing societal values
and legal viewpoints. Furthermore, we will look into the difficulties that courts have had in
dealing with maintenance cases, such as issues related to the determination of quantum,
eligibility criteria, and the scope of maintenance under various circumstances.

1.1 SCOPE AND OBJECTIVE

 Analysing the relevant legal provisions of the Hindu Marriage Act, the Hindu
Adoption and Maintenance Act, and the CrPC relating to maintenance within Hindu
families.
 Examining how Indian courts have interpreted the notion of maintenance in Hindu
law, taking into account many landmark decisions and case studies.
 Drawing comparisons with maintenance laws to different legal systems.

1.2 RESEARCH PROBLEM

 • The purpose of this research topic is to investigate and analyse the interpretation and
application of maintenance laws under Hindu law, revealing an understanding of the
difficulties that courts encounter as well as the complexities of exercising discretion in
granting maintenance.

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  Investigate how courts consider legislative intent when interpreting family law
statutes. Research could delve into the methods courts use to discern legislative intent
and whether these methods are consistent across different jurisdictions or evolve.
 Examine the legal implications and interpretations of void marriages in the context of
maintenance.
 Conduct a comparative study of maintenance laws and their application. Identify best
practices and lessons from other legal systems that may be used to enhance the
interpretation and application of maintenance legislation.

1.3 Literature review

 Family Law Manual by SUMEET MALIK

The second edition of this book focuses on Indian statutory family law legislation. Personal
laws concerning marriage and maintenance. To give complete information, the book also
provides important excerpts from several legislation. It also provides case law digests about
marriage conflicts. The text incorporates omitted and repealed information, as well as
previous section versions, as well as a subject index for convenient reference. The book is
intended to help legal practitioners and people interested in learning about governing
legislation.

 Supreme Court on Family and Personal Laws (Marriage, Divorce, Custody, Adoption,
Maintenance, Family Property, Partition, Will, Succession, and Inheritance) (Since
1950 to date) by SURENDRA MALIK, Vol. 1

This outlines a structured framework to explore the arrangement of case law in Family and
Personal Laws in India. Each section with specific cases, legal principles, and scholarly
insights.

 B.M. Gandhi's FAMILY LAW, VOLUME I

The most recent version of BM Gandhi's "Family Law I" is a comprehensive revision in the
field of family law. Notable modifications include current case law and statutory adjustments,
particularly in the chapter on maintenance. It carefully handles new developments, such as
situations involving spousal maintenance. The work meets the demands of students by using
novel aids such as "Key Cases" and organizing statutory and customary rules by topic,
allowing for a better knowledge of legal positions across religions.

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 1.4 RESEARCH QUESTION
1. How have courts interpreted maintenance in Hindu law?
2. What were the key challenges that the court encountered after interpreting
maintenance in Hindu law under sections 24 and 25 of the Hindu Marriage Act, section 18 of
the Hindu Adoption and Maintenance Act, and section 125 of CRPC?

1.5 HYPOTHESIS
1. The term maintenance in Hindu law has been interpreted by the courts in recent years in a
progressive and liberal manner, with a focus on protecting the rights of women and children.
The courts have recognized that the act is a social welfare legislation and should be
interpreted in a way that promotes gender equality and social justice.

2. The court had various difficulties in interpreting Hindu law's maintenance rules. balancing
multiple provisions of the Hindu Marriage Act, especially provisions 24 and 25, to define the
scope of maintenance pendente lite and permanent alimony, was one of these issues.
Furthermore, in instances under Section 125 CrPC, the court struggled with broadening the
definition of "wife" to include women married under Hindu ceremonies while noting the
overriding impact of the Hindu Marriage Act, of 1955. The court had to address the question
of whether a divorced wife may claim support under Section 18 of the Hindu Adoption and
Support Act, which required a nuanced interpretation of the term "wife" within the legal
framework. Throughout these interpretations, the court relied on rules such as the literal rule,
purposive construction, and a study of legislative intent to ensure that maintenance provisions
were implemented by the intended purpose and broader legal principles.

1.6 RESEARCH METHODOLOGY

The study uses a descriptive approach from beginning to end. Both primary and secondary
data are used in the research. Statutes, cases, and books are some of the primary sources this
paper references. The publications and journals that have been used as secondary sources for
this study comprise a variety of them.
All the required and relevant information for the research is gathered from a variety of
sources, including books, articles, and journals.

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 2. DEFINITION OF MAINTENANCE

In Hindu law, maintenance refers to the monetary assistance that is provided by a husband for
his wife or a parent for the child when they are unable to care for themselves. Other relatives,
such as elderly parents and unmarried daughters, are also eligible to get it.
Maintenance is described as "provision for food, clothing, residence, education, and medical
attendance and treatment" under the Hindu Adoption and Maintenance Act (HAMA), which
was passed in 1956. It also includes the costs of the unmarried daughter's wedding. Either
throughout the course of a marriage or after a separation and divorce, maintenance may be
demanded. An unmarried kid who is born with it may also claim it. The court decides the
amount of maintenance to be paid on a case-by-case basis. According to Hindu law, the right
to maintenance is a fundamental one. It is founded on the idea that every family member has
a right to receive help from the other family members. In the event of a separation, divorce,
or the passing of a spouse or parent, the right to maintenance also protects the wife or child
from being left penniless.

3. METHODS OF INTERPRETATION

The interpretation of the Hindu Maintenance Act by the courts involves examining the language and
intent of the law to make decisions in specific cases. A general overview of how courts typically
interpret the Hindu Maintenance Act is as follows:

1. Literal Interpretation: Courts often start with a literal interpretation of the Act's provisions. They
look at the plain meaning of the words and phrases used in the statute. If the language is clear and
unambiguous, the court may apply it as written.

2. Contextual Interpretation: If the language of the Act is unclear or could have multiple meanings,
the court may consider the context in which the provisions were enacted. This includes looking at
the legislative intent, objectives of the Act, and any preamble or introductory sections that provide
context.

3. Judicial Precedents: Courts frequently rely on previous judgments and precedents to interpret the
Hindu Maintenance Act. They consider how similar cases were decided in the past and follow
established legal principles and interpretations.

4. Equitable Considerations: In cases involving maintenance, courts often consider equitable

principles and fairness. They aim to ensure that maintenance awards are just and reasonable, taking
into account the financial circumstances of both parties.

5. Gender Equality: Courts may interpret the Act in a manner that promotes gender equality and
addresses issues related to maintenance for wives, children, and dependent family members.

6. Community-Specific Interpretation: The Act may be interpreted differently for different Hindu
communities, taking into account customary practices and traditions.

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7. Case-Specific Facts: Courts consider the specific facts and circumstances of each case when
interpreting the Act. This includes the financial status of the parties, the needs of the dependent,
and other relevant factors.

8. Amendments and Legal Reforms: Any amendments to the Hindu Maintenance Act are taken into
account during interpretation. Courts apply the law as it stands at the time of the case.

9. Interplay with Personal Laws: Courts must also navigate any conflicts or inconsistencies between
the Hindu Maintenance Act and personal laws applicable to specific Hindu communities.

10. Public Policy: The courts may interpret the Act in a way that aligns with public policy goals, such
as the welfare of children and the protection of vulnerable parties.

It's important to note that court interpretations can vary from case to case, and higher courts may
provide guidance on how lower courts should interpret and apply the Act. Additionally, legal scholars
and experts may offer their opinions on various aspects of the Act's interpretation, contributing to
the ongoing discourse in the field of family law.

4. CASE STUDY
 Section 24 OF Hindu Marriage Act of 1955.
A number of statutory interpretation rules and aids to interpretation were probably used in the
case of JASBIR KAUR SEHGAL (Sun) vs. DISTRICT JUDGE, DEHRADUN AND
OTHERS1.
The court used the Literal Rule of Interpretation, which means that it construed the
legislation at issue (Hindu Marriage Act and Hindu Adoptions and Maintenance Act)
precisely according to their plain and ordinary meaning. It analysed the wording of Section
24 of the Hindu Marriage Act, which deals with maintenance pendente lite, as well as the
provisions of the Hindu Adoptions and Maintenance Act to determine the scope of the
husband's responsibility to furnish support.
In addition to the Literal Rule, the court examined the Golden Rule of Interpretation. When
a strict literal reading will result in absurd, difficult, or unfair effects, this rule allows for a
wider interpretation of law provisions. The court used the Golden Rule in this instance to
verify that the maintenance provisions did not result in unjust consequences. It acknowledged
that a literal interpretation may confine maintenance to the wife alone, but it took into
account the entire circumstances, including the husband's duty to support his unmarried
daughter and the wife's incapacity to pay for her.

1
Jasbir Kaur Sehgal v. Distt. Judge, Dehradun, (1997) 7 SCC 7

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The court appeared to address the Mischief Rule by recognising that the spouse sought to
conceal his real income. The Mischief Rule permits the court to interpret a legislation by
evaluating the issue or mischief that the statute was meant to address. In the present case, the
husband's attempt at hiding his income was interpreted as an attempt to ignore his financial
duties, and the court ruled against him.
In this case, the court relies mainly on internal aids of interpretation, such as statutory
definitions, provisos, and exclusions, in determining the maintenance amount.

 Section 25 of Hindu Marriage Act of 1955.

In the case of Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra
Daga2, the following rules of interpretation of statutes and aids to interpretation were applied:
The literal rule of interpretation is the principal rule of interpretation employed in this
specific case. This rule requires that statute language be interpreted based on its plain and
usual meaning, without delving into legislative intent or intention. The court is concerned
with the precise language of the Hindu Marriage Act of 1955.
The court interprets Sections 11 and 25 of the Hindu Marriage Act, 1955. Section 11 deals
with declaring the second marriage null and void, whereas Section 25 deals with maintenance
payments.
No Reliance on Golden Rule or Mischief Rule: In this case, the court did not rely on either
the mischief rule or the golden rule, which states that words should be given their ordinary
meaning unless doing so results in absurdity.
The court, according to the literal interpretation, bases its conclusions about the legality of the
second marriage and the deservingness of maintenance on the precise language and
provisions of the Hindu Marriage Act.
Internal and External Aids: -
In order to support its findings, the court cited earlier judgements and legal interpretations.
The court used Maheshwari community customary divorce practises as an external help to
interpretation. In order to comprehend the purpose underlying the provisions of the Hindu
Marriage Act, 1955, the court looked at the legislative background and historical backdrop.
The Hindu Marriage Act, 1955 was examined by the court to assess its application in this
case. Sections 9, 10, 11, 12, and 13 were among those examined. The court also took into

2
Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga, (2005) 2 SCC 33

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account Section 25's goal of giving maintenance to spouses who are financially dependent as
well as the public intention behind prohibiting bigamous marriages.

 Section 125 of Code of Criminal Procedure, 1973

The "Literal Rule" was the main rule of interpretation used in Yamunabai Anantrao Adhav
v. Anantrao Shivram Adhav and Another3. The term "wife" in Section 125 of the Code of
Criminal Procedure, 1973 is interpreted by the court literally, in accordance with its ordinary
meaning and legal significance.
In this case, the primary internal aids used for interpretation are:
1. Definitions: To determine what the term "wife" means, the court looks to Section 125 of
the Code's definition. As stated in the Explanation, it examines the phrase and talks about
how inclusive it is.
2. Provisos: The court also takes into account the proviso in Section 125 of the Code, which
addresses a few maintenance-related exceptions and situations.
3. Explanations: The court considers the Explanation in Section 125 of the Code, which
defines the definition of "wife" and extends its application to divorcees.
4. Exceptions: The court considers the exception in Section 125(1)(a) of the Code, which
outlines the circumstances in which a wife may request maintenance.
BADSHAH vs. URMILA BADSHAH GODSE AND ANOTHER4
In this case, the court used the "mischief rule" and "purposive construction" of interpretation
to assess whether a woman who had married a man without being aware of his ongoing
previous marriage may make a maintenance claim under Section 125 of the Criminal
Procedure Code, 1973.
The court emphasised the need of using purposive construction when reading laws, especially
those that deal with social justice, like Section 125 of the Criminal Procedure Code, 1973.
Purposive construction involves examining a statute beyond its plain language in order to
comprehend and realise its intended goal or purpose.
The mischief rule, a particular kind of purposive interpretation, was used by the court.
According to this rule, the legislation must be interpreted in a way that aims to address reduce
the issue or "mischief" it was intended to solve.

3
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) 1 SCC 530

4
Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188

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In this case, the court considered the mischief the law sought to address: the vulnerability of
women who marry men without knowledge of their subsisting first marriages. The rule was
applied to find an interpretation that would prevent this mischief.
Legal precedents: In order to support its interpretation, the court referenced the Supreme
Court's rulings in the cases of Yamunabai (1988) and Savitaben (2005) 5. These rulings were
brought up to make it clear that the husband's argument only holds true when a woman
marries a guy knowing full well that his previous marriage continues to remain
Analysis of the court's decision:
The woman had been cheated and entered into the second marriage in good faith, thinking
that the guy was unmarried, the court emphasised. This was an essential factor in the court's
judgement.
The court determined that the woman would be regarded as the legally wedded wife, at least
for the purposes of claiming maintenance under section 125 CRPC, taking into account the
principles of social justice and fairness and prevent individuals from taking advantage of their
own wrongdoing.
Internal Aids
Definitions and Provisos: To ascertain the valid status of the marriages in issue, the court
probably looked up the definitions of important terms in the related legislation, such "wife"
and "marriage." In order to comprehend any exclusions or circumstances that apply to the
case, they may have additionally taken into account any provisos in the Hindu Marriage Act
and Section 125 of the Code of Criminal Procedure (CrPC).
External Aids
Dictionaries: Dictionaries may have been used to explain the definitions of words or phrases
used in the context of law, such as "maintenance," "legally wedded wife," or "marriage."
Earlier Acts: The court may have researched prior laws and acts, notably the Hindu Marriage
Act of 1955, to comprehend the legal context relevant to the case. Hindu weddings are
governed by this Act, which is essential in deciding if the marriages in question are
legitimate.
Parliamentary History and procedures: The court may have reviewed the discussions and
debates in the parliamentary procedures pertaining to the Hindu Marriage Act and Section
125 of the CrPC in order to correctly understand the legislative purpose. This could make it
easier to comprehend the aims and purposes of these legislation.
 Section 18 of the Hindu Adoptions and Maintenance Act, 1956
5
Yamunabai (1988) 1 SCC 530 and Savitaben (2005) 3 SCC 636

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Vihalal Mangaldas Patel vs. Malben Vihalal Patel6
The major question in the case is whether the wife is still entitled to maintenance after the
divorce under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, and if so,
whether she should get additional maintenance in considering the circumstances. Several
statutory interpretation principles can be used to interpret this legal provision.
The Literal Rule states that legislation should be construed according to their plain and literal
sense. The petitioner's position in the matter at hand is based on a literal interpretation of
Section 18, claiming that the term "wife" implies an ongoing marital connection.
The golden rule allows for the literal norm to be modified when a strict interpretation would
result in illogical or unfair effects. To prevent contradicting circumstances and to achieve the
legislative purpose, the respondent in this case claims that the word "wife" in Section 18
should be examine liberally to encompass a divorced wife.
Mischief Rule (also known as the Purposive Rule or Heydon's Rule): This rule requires that a
legislation be interpreted in a way that best accomplishes the legislative intent or goal
underlying its adoption. The respondent is arguing for a purposeful interpretation of Section
18, implying that the objective is to pay maintenance to the woman even after divorce where
the husband and wife have severe disputes.
Internal aid:
Definitions: The definitions of essential terms in the legislation might assist in clarifying their
meaning. In this situation, phrases like "wife," "husband," "divorce," and "maintenance" may
have different meanings based on the applicable legal framework.
External aide:
Legal dictionaries and general dictionaries can be used to offer definitions of legal
terminology that are not clearly specified in the legislation. If phrases like "maintenance"
have a legal definition, it is critical that these meanings be used in the interpretation.

5. IMPACT OF INTERPRETATION
Court Decisions: Court interpretations of these clauses have the potential to create precedents
and influence how future cases are determined. A broad and inclusive interpretation may
result in greater safeguards for vulnerable parties.
societal repercussions: The interpretation can have larger societal effects since it affects
people's perceptions of the legal system's capacity to defend their rights and well-being.

6
Vihalal Mangaldas Patel v. Maiben Vihalal Patel, 1994 SCC OnLine Guj 40

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Gender Equality: Interpretation can affect spouses' rights in divorce cases as well as the
amount of financial support they get. A progressive interpretation can promote gender
equality by ensuring that maintenance, regardless of gender, is fair and equitable.

6. CONTROVERSIES
Law interpretation, particularly in complicated and sensitive areas such as family and
personal law, can frequently rise to conflicts and legal disputes.

"Maintenance" is defined as: What constitutes "maintenance" might be interpreted

differently. Some say that it should just include basic essentials such as food, clothes, and
housing, while others claim that it should also include a specific level of living or lifestyle
experienced throughout the marriage.

The Hindu Marriage Act vs. the Hindu Adoption and Maintenance Act: There may be
disagreements over which Act applies in a particular circumstance. For example, if a divorcee
seeks support, it may be unclear whether the Hindu Marriage Act or the Hindu Adoption and
Maintenance Act should be used.

Eligibility Criteria: There may be disagreements on the eligibility criteria for maintenance. In
the case of the Hindu Adoption and Maintenance Act, for example, the Act sets specific
qualifications for a person to be eligible for maintenance, such as being a Hindu who is
unable to support themselves. These conditions' interpretations might be disputed.

Interpretation of "Just and Reasonable": In the maintenance laws, phrases like "just and
reasonable" provide choice for interpretation, and what is considered just and reasonable
might change across courts and cases.

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 7. CONCLUSION

The interpretation of maintenance in Hindu law has evolved over time, becoming more
progressive and inclusive. In the past, maintenance was primarily seen as a duty of the
husband to maintain his wife. However, the courts have now recognized that maintenance is a
fundamental right of all members of a family, irrespective of their gender. The courts have
also adopted a broad interpretation of the term "maintenance" to include not only food,
clothing, and shelter, but also education, medical expenses, and other reasonable expenses.
This ensures that the wife or child is able to maintain a decent standard of living. In
determining the amount of maintenance payable, the courts take into account a variety of
factors, including the income and property of the parties, the needs of the wife or child, and
the standard of living of the family. This ensures that the maintenance award is fair and just.
The courts have also been more willing to award maintenance to wives and children who
have been separated or divorced. This is because the courts recognize that separation and
divorce can often leave the wife and child in a vulnerable financial position. Overall, the
interpretation of maintenance in Hindu law has become more progressive and inclusive over
time. This ensures that all members of a family have the right to be supported, irrespective of
their gender or marital status.

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 8. REFERENCE

 Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga, (2005) 2

SCC 33
 Jasbir Kaur Sehgal v. Distt. Judge, Dehradun, (1997) 7 SCC 7
 Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) 1 SCC 530
 Vihalal Mangaldas Patel v. Maiben Vihalal Patel, 1994 SCC OnLine Guj 40
 Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188

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