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WHAT IS THE REASON, LOGIC, BEHIND THE MAINTENANCE POLICY?

Page no : 2

(Guest)

@Arup

 

"According to Marxism all women are prostitutes(See the Manifesto of the Communist Party(1847) by Marx and Engels."

- no, it is not written in the said manifesto.

-----------------------

Here is the extract from the Manifesto of the comm

Here is the extract from the Manifesto of the
communist
party by Marx and Engels:

"Abolition of the family! Even the most radical flare up at this
infamous proposal of the Communists.

On what foundation is the present family, the bourgeois family,
based? On capital, on private gain. In its completely developed
form, this family exists only among the bourgeoisie. But this
state
of things finds its complement in the practical absence of the
family among proletarians, and in public prostitution.

The bourgeois family will vanish as a matter of course when its
complement vanishes, and both will vanish with the vanishing of
capital.

Do you charge us with wanting to stop the exploitation of children
by their parents? To this crime we plead guilty.

But, you say, we destroy the most hallowed of relations, when we
replace home education by social.

And your education! Is not that also social, and determined by the
social conditions under which you educate, by the intervention
direct or indirect, of society, by means of schools, etc.? The
Communists have not intended the intervention of society in
education; they do but seek to alter the character of that
intervention, and to rescue education from the influence of the
ruling class.
       The bourgeois claptrap about the family and education, about the
hallowed correlation of parents and child, becomes all the more
disgusting, the more, by the action of Modern Industry, all the
family ties among the proletarians are torn asunder, and their
children transformed into simple articles of commerce and
instruments of labor.

But you Communists would introduce community of women, screams the
bourgeoisie in chorus.
The bourgeois sees his wife a mere instrument of production. He
hears that the instruments of production are to be exploited in
common, and, naturally, can come to no other conclusion that the
lot
of being common to all will likewise fall to the women.

He has not even a suspicion that the real point aimed at is to do
away with the status of women as mere instruments of production.

For the rest, nothing is more ridiculous than the virtuous
indignation of our bourgeois at the community of women which, they
pretend, is to be openly and officially established by the
Communists. The Communists have no need to introduce free love; it
has existed almost from time immemorial.

Our bourgeois, not content with having wives and daughters of
their
proletarians at their disposal, not to speak of common
prostitutes,take the greatest pleasure in seducing each other's wives. (Ah,
those were the days!)
        Bourgeois marriage is, in reality, a system of wives in common and
thus, at the most, what the Communists might possibly be
reproached
with is that they desire to introduce, in substitution for a
hypocritically concealed, an openly legalized system of free love.
For the rest, it is self-evident that the abolition of the present
system of production must bring with it the abolition of free love
springing from that system, i.e., of prostitution both public and
private. "

Arup (UNEMPLOYED)     12 September 2010

you are under wrong impression. please read HAMA - maintenance portion. you will get formula there in a latter stage gudgement supported the act. you will get hama in sc web site.


(Guest)

What is that you want me to know? At what end?

Arup (UNEMPLOYED)     12 September 2010

the hindu adoption and maintenance act, - maintenance portion only.

S.B _Kolkata (Service)     15 September 2010

To Arup Ji and Jogeshwar ji,

 

It is my humble request to both of you,  please stop to interprete or contradict marxism and tell us simply about the equation for the calculation of maintanance are being followed by the court normally. I am from a simple midle class family and it is required to be clear  for me earnestly as per my cases which will be disclosed you later. Please reply ASAP

1 Like

Arup (UNEMPLOYED)     15 September 2010

MR R.B.,

 'AM VERY MUCH THANKFUL TO YOU FOR REMEMBERING ME THE THREAD QUESTION.

ACTUALLY MR JOGESHWAR IS RETIRED  AND I AM GOING TO BE RETIRED, THEREFORE PASSING THE TIME IN THIS MANNER.

I SHALL ANSWER YOU TOMORROW.

Arup (UNEMPLOYED)     15 September 2010

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

ACT NO. 78 OF 1956 [21st December, 1956.]

3.Definitions. In this Act, unless the context otherwise requires-

 (b) "Maintenance" includes-

(i) In all cases, provision for food, clothing, residence, education and medical attendance and treatment ;

(ii) In the case of an unmarried daughter, also 'the reasonable expenses of and incident to her marriage;

(c) "Minor" means a person who has not completed his or her age of eighteen years.

CHAPTER III  -   MAINTENANCE

18. Maintenance of wife.

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,-

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of willfully neglecting her;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;

(c) if he is suffering from a virulent form of leprosy;

(d) if he has any other wife living ;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine else- where;

(f) if he has ceased to be a Hindu by conversion to another religion ;

(g) if there is any other cause justifying her living separately,

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

19. Maintenance of widowed daughter-in-law.

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in- law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.

20. Maintenance of children and aged parents.

(1)Subject to the provisions of this section a Hindu is bound, during his or her life- time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.

Explanation.-In this section "parent " includes a childless step- mother.

21. Dependants defined.

For the purposes of this Chapter "dependents" mean the following relatives of the deceased:-

(i) his or her father ;

(ii) his or her mother;

(iii) his widow, so long as she does not re-marry;

(iv) his or her son or the son of his pre-deceased son or the son of a pre-deceased son of his pre-deceased son, so long, as he is a minor: provided and-to the extent that he is unable to obtain maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a great-grandson, from the estate of his father or mother or father's father or father's mother;

(v) his or her unmarried daughter, or the unmarried daughter of his pre-deceased son or the unmarried daughter of a pre-deceased son, of his pre-deceased son, so long as she remains unmarried: provided and to the extent that she is unable to obtain maintenance, in the case of a granddaughter from her father's or mother's estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or father's mother ;

(vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance-

(a) from the estate of her husband ; or

(b) from her son or daughter if any, or his or her estate ; or

(c) from her father-in-law or his father or the estate of either of them;

(vii) any widow of his son or of a son of his pre- deceased son, so long as she does not re-marry: provided and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son or daughter, if any, or his or her estate ; or in the case of a grandson's widow, also from her father-in-law's estate ;

(viii) his or her minor illegitimate son, so long as he remains a minor;

(ix) his or her illegitimate daughter, so long as she remains unmarried.

22. Maintenance of dependents.

(1) Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are bound to maintain the dependents of the deceased out of the estate inherited by them from the deceased.

(2) Where a dependent has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependent shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.

(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependent shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. 23. Amount of maintenance.

23. Amount of maintenance.

 (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 on infirm parents under this Act, regard shall be had to-

(a) the position and status of the parties;

(b) the reasonable wants of the claimant;

(c) if the claimant is living separately, whether the claimant is justified in doing so;

(d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;

(e) the number of persons entitled to maintenance under this Act.

(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to-

(a) the net value of the estate of the deceased after providing for the payment of his debts;

(b) the provision, if any, made under a will of the deceased in respect of the dependant;

(c) the degree of relationship between the two;

(d) the reasonable wants of the dependent

(e) the past relations between the dependent and the deceased;

(f) the value of the property of the dependent and any income derived from such property; or from his or her earnings or from any other source ;

(g) the number of dependents entitled to maintenance under this Act.

24. Claimant to maintenance should be a Hindu.

No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion.  

25. Amount of maintenance may be altered on change of circumstances.

The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.

26. Debts to have priority.

Subject to the provisions contained in section 27 debts of every descripttion contracted or payable by the deceased shall have priority over the claims of his dependents for maintenance under this Act.

27. Maintenance when to be a charge.

A dependant's claim for maintenance under this Act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependent and the owner of the estate or portion, or otherwise.

28. Effect of transfer of property on right to maintenance.

Where a dependent has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous but not against the transferee for consideration and without notice of the right.

Arup (UNEMPLOYED)     15 September 2010

MR RB, PLEASE LOOK INTO SEC 23. Amount of maintenance. also read the full act of maintenance. all secs are co related.


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