hindu adoption and maintenance act
S.N.RAJU
(Querist) 15 November 2009
This query is : Resolved
Sir, now I am working as personal assistant in Family Court, Vijayawada and I am doing PHd in law on divorce in Nagarjuna University. Some advocates are filing new petitions for past maintenance before the family court, but there is no direct provision for that in Family Court Act and Hindu adoption and maintenance Act.
Please inform on which grounds they are entitled for past maintenance from the respondent before four or five years from the date of filing of the petition.
Raj Kumar Makkad
(Expert) 15 November 2009
Law of recovery of money has limitation of 3 years, however, under 125 Cr. P. C. it is generally awarded from the date of application. In HM Act under section 24 also, it awarded and can be claimed from the date ef application. Similar are the provisions under Hindu Adoption & Maintenance Act so if advocates are filing applications for the maintenance for the past period, those are definitely illegal.
Guest
(Expert) 17 November 2009
Section 125 (2) expressly says that the amount must be from the date of the application and hence there is no discretionary power vested with the hon'ble Court. But in respect of Section 24 or 25 of HMA or Sectin 18 of Hindu Adoption and Maintenance Act, no such restrictin is there and the provisions are social welfare provisions and the courts can exercise the discretionary power and grant maintenance from the date earlier to filing of the application in the particular facts and circumstances of the case by giving valid reason for giving the relief from such date.
