Maintenance of Parents

Submitted By:
Submitted To:
XYZ Mr.
Ravi Ranjan
Roll No. XXXX
Faculty of Family Law
B.A.LLB.(HONS)
C.N.L.U.
Semester

ROUGH DRAFT SUBMITTED TOWARDS PARTIAL

FULFILMENT OF THE COURSE TITLED
FAMILY LAW

SEPTEMBER 2014
 CHANAKYA NATIONAL LAW UNIVERSITY
Nyaya Nagar Mithapur Patna-800001
INTRODUCTION
Section 20 of Hindu Adoptions and Maintenance Act, 1956 also lays down an obligation of
maintenance of old and infirm parents who are not able to maintain themselves out of their own
personal earnings and property. The Hindu Adoptions and Maintenance Act, 1956 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
Hindu Adoptions and Maintenance Act, 1956, 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.

OBJECTIVES OF THE STUDY

The researcher by doing this project will try to find out:

Law related to maintenance of Parents

Circumstances in which parents are entitled to get maintenance
Various provisions related to maintenance of parents

HYPOYHESIS
The researcher presumes that the provision for maintenance of parents is for old and infirm
parents who are not able to maintain themselves out of their own personal earnings and property.
The provision is made to provide a better position for the parents. The main attraction of this Act
is there are provisions to protect the life and property of such persons.

RESEARCH METHEDOLOGY
In this project Doctrinal Method are used. Doctrinal Methods refer to Library research, research
or processes done upon some texts writings or Documents, legal propositions and Doctrines,
Articles, Books as well as Online Research and Journals relating to the subject.

SOURCES OF DATA

Primary Sources-
The Hindu Adoptions and Maintenance Act, 1956
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Past cases settled by courts

Secondary Sources-
Books on Maintenance of parents
websites
Journals
Articles
Magazines

LIMITATION OF THE STUDY

Owing to the large number of topics that could be included in the project, the scope of this
research paper is exceedingly vast. However in the interest of brevity and due to certain
restrictions and limitations of time the researcher will not be able to deal with the topic in great
detail.

TENTATIVE CHAPTERISATION
Introduction
Circumstances under which parents are entitled to get maintenance
Maintenance under Muslim law
Conclusion & Suggestions
BIBLIOGRAPHY

Primary source
The Hindu Adoptions and Maintenance Act, 1956
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Past cases settled by courts

Secondary source
Muzumdar P.V., Law of Maintenance of Parents, Malhotra Publication, 2nd edition (1982)
Pradhan Poonam, Family Law, Lexis Nexis Publication, 2nd edition (2011)
Diwan Paras, Family Law, Allahabad Law Agency, 11th edition (2012)