Hindu Adoptions and Maintenance Act, 1956 reads thus:
""maintenance" includes-
(i) in all cases, provision for food, clothing, residence, education and
medical ... court ordered maintenance for
minors only with mutual consent.
According to Ms. Kamini Jaiswal, learned counsel for the appellant,
maintenance includes residence and, therefore
entitled to maintenance by the husband during the subsistence of the matrimonial relationship, such right of maintenance also includes the right of residence. The background ... provision for the maintenance or residence of the defendant-wife she will be entitled to enforce her right of maintenance including residence against the brother
very wide connotation to include within its fold all facets, including food, health, medical treatment, clothing, residence, including, property and dignity which sustain life ... maintenance' before the Tribunal for provision of residence. Accordingly, a senior citizen seeking maintenance, other than monetary maintenance, i.e., only residence
even pleaded that she had approached
either of her parents for maintenance
(including residence), let alone being unable
CA No. 106/23 Sanjay Bhatia ... Samakshi Bhatia Page no. 8 of 26
to obtain maintenance (including residence)
from them in terms of Sec. 19 of the Hindu
Adoption and Maintenance
maintenance of wife. Maintenance has been so defined in clause
(b) of Section 3 of the Hindu Adoption and Maintenance Act,
1956 as to include ... which the decree of divorce has been granted and provision for
maintenance (including residence) has been made. In the event
of the provision for residence
Maintenance Act, 1956 ; The Protection Of Women From Domestic Violence
Act, 2005 or The Code Criminal Procedure, 1973 confer any right of
maintenance including residence ... herself against her husband. The wife's right to maintenance which
includes her residence in a commensurate property is, thus, only against the
husband
3497/2008 Page 11 of 15
any right of maintenance including residence for the
married woman as against the parents of the husband.
To illustrate ... maintain herself against her husband. The wife‟s right
to maintenance which includes her residence in a
commensurate property is, thus, only against the
husband
father-in-law, he is under no statutory obligation to provide residence to his
son and daughter-in-law and also suffer at their hands ... Hindu Adoption and Maintenance Act, 1956 ; The Protection of
Women from Domestic Violence Act, 2005 confer any right of maintenance,
including residence, for the married
between rights of residence and maintenance but the trial Court held, I think rightly, that the right of maintenance would include the right of residence ... limited to the point as to whether she tried to get maintenance including residence from the family of her deceased husband at any time after
under both Dayabhaga and mitakshara. Marriage confers a right to reside in the matrimonial home to both parties to the marriage and as well ... marriage carries a liability and right to maintenance of one or the other. Maintenance includes residence. Therefore, the Court has to weigh the material
