Category Archives: FAMILY LAW

FAMILIES THAT WANT TO ADOPT There is no mention of the term “adoption” in the Act, but it is a Hindu law derived from the uncodified Hindu laws of the scriptures, especially Manusmriti. Adoption has been described in Manusmriti as ‘taking someone else’s son and raising him as one’s own’.The Hindu Adoption and Maintenance Act expands the definition of ‘adoption’ by using the word ‘child’ in place of ‘son’. Child includes both a girl and a boy, not just a son. There was a need for a codified and uniform […]

After divorce, maintenance should be given to the wife till she remarries. The idea behind this is to allow her to live with the lifestyle and luxuries she had during her marriage, and this should be paid for until she marries again. SPOUSAL MAINTENANCE AFTER DIVORCE There is no minimum or maximum amount prescribed for maintenance, it is decided by the court according to the earning capacity of the husband. If the husband is affluent, maintenance should be high during the marriage to match the wife’s affluent lifestyle. If not, […]