Vol. 14, Part I · pages 206–210

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES188 (149) PART VIII.—MAINTENANCE 125. Maintenance explained.—In this Part, the expression “maintenance” includes— (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; and (ii) in the case of an unmarried daughter, also the reasonable expenses of, mid incident to, her marriage. Personal liability to maintain members of family 126. Maintenance of wife. —(1) Subject to the provisions of this section, a Hindu wife, whether married before or alter the commencement of this Code, shall be entitled to be maintained by her husband during his lifetime and alter his death, by his father. (2) A Hindu wife may claim maintenance from her husband only if and while she lives with him: Provided that she shall be entitled to live separately from him without forfeiting her claim to maintenance— (a) if he is suffering from a virulent form of leprosy or has been suffering from venereal disease in a communicable form and not contracted from her; (b) if he keeps a concubine in the same house in which his wife is living ; (c) if he has been guilty of such cruelty as to render it unsafe for her to live with him; (d) if he is guilty of desertion, mat is to say, of abandoning her without just cause and without her consent or against her wish; (e) if he has ceased to be a Hindu by conversion to another religion; (f) 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. (150) 127. Maintenance of widowed daughter-in-law. —The obligation of a father-in-law to maintain his widowed daughter-in-law under section 126 only extends in so far as he has the means to do so and the widowed daughter-in-law is unable to maintain hereself out of her own property or to obtain maintenance from her husband’s estate or from her son, if any, or his estate. Any such obligation shall cease on her remarriage.

DR. AMBEDKAR AND THE HINDU CODE BILL 189 PART VIII.—MAINTENANCE 125. Maintenance explained.—In this Part, the expression “maintenance” includes— (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; and (ii) in the case of an unmarried daughter, also the reasonable expenses of, mid incident to, her marriage. Personal liability to maintain members of family 126. Maintenance of wife. —(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Code, shall be entitled to be maintained by her husband during his life-time and after his death, by his father. (2) A Hindu wife may claim maintenance from her husband only if and while she lives with him: Provided that she shall be entitled to live separately from him without forfeiting her claim to maintenance— (a) if he is suffering from a loathsome disease ; (b) if he keeps a concubine in the same house in which his wife is living; (c) if he has been guilty of such cruelty as to render it unsafe or undesirable for her to live with him; (d) if he is guilty of desertion, that is to say, of abandoning her without just cause and without her consent or against her wish; (e) if he has ceased to be a Hindu by conversion to another religion; (f) 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. (149) 127. Maintenance of widowed daughter-in-law. —The obligation of a father-in-law to maintain his widowed daughterin-law under section 126 only extends in so far as he has the means to do so and the widowed daughter-in-law is unable to maintain herself out of her own property or to obtain maintenance from her husband’s estate or from her son, if any, or his estate. Any such obligation shall cease on her remarriage. (150) Part III-A, sec. 3. page 2. Part IV, sec. 26. page 19 and 20. Part III-A, sec. 8, page 13.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES190 (151) 128. Maintenance of children and aged parents. —(1) Subject to the provisions of this section, a Hindu is bound, during his life-time, to maintain his legitimate or illegitimate child and his aged parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father so long as he or she is a minor: Provided that in the case of an unmarried daughter she may claim maintenance so long as she lives with her father and remains unmarried. (3) A father may claim maintenance from his son if he is aged and infirm. (152) 129. Maintenance of children by mother. —A Hindu woman is bound during her life-time to maintain her legitimate or illegitimate children if her husband is unable to do so and she has the necessary means to maintain them.

DR. AMBEDKAR AND THE HINDU CODE BILL 191 128. Maintenance of children and aged parents. — (1) Subject to the provisions of this section, a Hindu is bound, during his life-time, to maintain his legitimate or illegitimate child and his aged parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father so long as he or she is a minor: Provided that in the case of an unmarried daughter she may claim maintenance so long as she lives with her father and remains unmarried. (3) A father may claim maintenance from his son if he is aged and infirm. (151) 129. Maintenance of children by mother. —A Hindu woman is bound during her life-time to maintain her legitimate or illegitimate children if her husband is unable to do so and she has the necessary means to maintain them. (152) (New) (New)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES192 (153) Liability of heirs to maintain dependants out of estate 130. Maintenance of dependants.—(1) Subject to the provisions of section 131 the heirs of a deceased Hindu shall be bound to maintain the dependants of the deceased out of the estate inherited from the deceased by the heir. (2) The following relatives of the deceased shall be deemed to be his dependants for the purposes of this Part, namely :— (i) his father; (ii) his mother; (iii) his widow, so long as she does not remarry; (iv) his son, son of his predeceased son, or son of a predeceased son of his predeceased son, who is a minor, so long he remains one, provided and to the extent that he is unable to obtain maintenance, in the case of a grandson, from his father’s estate, and in the case of a great-grandson, from the estate of his father or father’s father, (v) his unmarried daughter, so long as she remains unmarried; (vi) his married daughter; Provided and to the extent that he is unable to obtain maintenance from her husband or from her son, if any, or his estate; (vii) 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, if any, or his estate, or (e) from her father-in-law or his father or the estate of either of them; (viii) any widow of his son or of a son of his predeceased son, so long as she does not remarry: Provided and to the extent that she is unable lo obtain maintenance from her husband’s estate, or from her son, if any, or his estate; or in the case of a grandson’s widow, also from her father-in-law’s estate; (ix) his minor illegitimate son, so long as he remains a minor; (x) his unmarried illegitimate daughter, so long as she remains unmarried.