Muslim Law (Case Study)
Muslim Law (Case Study)
• Hindu Law
• There are two personal law statues amongst the
Hindus, which create an obligation to maintain
children – HAMA and HMA
Maintenance of Children:
• Section 20 of HAMA imposes an obligation upon the
parents –mother and father, both equally to maintain the
children – both legitimate and illegitimate. This is a
unique feature of the Hindu law where both the parents
are equally responsible to maintain the children. S.20 (2)
of HAMA lays down that the children are entitled to
maintenance during their minority. This right of
maintenance for the daughter is extended till she gets
married. The parents are obliged to bear her marriage
expenses. However even after marriage a minor married
daughter, if she is unable to maintain herself then she
can claim for maintenance under S.125 CrPC.
• When an application has been filed under section s24
and 25 of HMA, the children are also entitled to get
maintenance if the claimant has the responsibility of
maintaining them i.e. the claimant’s right to maintenance
also includes the right of maintenance of the children.
Section 26 of HMA also provides that in any proceeding
under the Act the court can from time to time pass
interim orders and make provisions in respect of the
custody, maintenance and education of the minor
children. This is a unique feature of Hindu law where the
maintenance can be provided to the children not
necessarily under a matrimonial proceeding only but
otherwise also.
Maintenance of parents:
• S. 20 of HAMA also lays down an obligation of
maintenance o f old and infirm parents who are not able
to maintain themselves out of their own personal
earnings and property. The HAMA is the first statue in
India, which imposes an obligation on the children to
maintain their parents. The obligation to maintain is not
only limited to the sons but it also extends to the
daughters. Under HAMA, both the mother and the father
have an equal right to claim maintenance. The
explanation to this section also includes stepmother in
the term parent. However it is important to note that the
section imposes an obligation to maintain only those
parents, who are unable to maintain themselves and
therefore the obligation to maintain the parents other
than those infirm and unable, is only moral.
Parsi And Christian Laws
• Maintenance of children: Under the Parsi and the Christian
Laws also there are provisions for the custody,
maintenance, education etc of the minor children, which are
similar to the Hindu law, even though there is no specific
provision for maintenance unlike HAMA
• However, it is important to note that under these personal
laws, the maintenance of the minor child can be awarded
only during the matrimonial proceeding and not otherwise.
• Maintenance of parents: Under the Parsi and Christian
Laws there is no provision imposing an obligation upon the
children to maintain their parents. The parents who want to
seek maintenance can do so only under the CrPC.
Islamic Laws
• Maintenance of children: Under the
Muslim personal law, legitimate (minor as
well as major) and illegitimate children are
entitled to claim maintenance. The
obligation of maintenance of legitimate
children is primarily on the father. (Which
is different from the other personal laws
which provides for an equal obligation on
both the parents)
• A Muslim father is under an obligation to maintain
his sons until they attain the age of puberty and
the daughter till she gets married. The Muslim
father is not liable to maintain his adult son
unless he is disabled by infirmity or disease.
However if the father is poor and incapable of
earning, then it is the liability of the mother to
maintain the children. If both the parents are poor
and incapable of earning then grandfather has to
provide for the children. Whereas the obligation
of maintenance of the illegitimate children is
solely on the mother.
• The quantum of maintenance can be modified or
cancelled on the change in circumstances.
• Maintenance of parents: Under the
Muslim Law, similar to the Hindu law,
children have an obligation to maintain
their parents. According to Mulla, children
in easy circumstances should maintain his
father and mother even if they may be
able to earn something.