LAW OF MAINTENANCE

Maintenance means providing living expenses for food, lodging, clothing and other essentials. The duty to maintain is an obligation under which a person is legally bound to provide for another person. Marriage imposes an obligation on the husband to maintain his wife, while the birth of any child imposes an obligation on the father to maintain his children. 

Under Muslim Sharia law, persons who have the right to be maintained by another person are determined on the basis of blood relationship or marriage. A wife is entitled to be maintained by her husband because of her marriage, even if she has enough means to support herself. On the contrary, a wife is under no legal obligation to maintain her husband, even if he is unemployed.
Other persons entitled to maintenance are blood relatives, including underage children and necessitous parents. Thus, a wife, children and parents have absolute legal rights to get maintenance. 
It is a legal obligation of every husband to maintain his wife, even if the husband has no means to provide for her. A wife’s right to be maintained by her husband gets priority over the rights of maintenance of all other persons. It is interesting to note that when it comes to maintenance, the wife is preferred even over young children, as she is considered the source or root, and a child is the offspring or a branch. 
It is implied in every contract of marriage that a husband would maintain his wife throughout her life. The wife’s right to claim maintenance from her husband is an independent right. This right does not depend on any other separate agreement. The wife’s right exists whether she is a Muslim or non-Muslim, rich or poor, of sound health or unsound mind. Even if the wife lives separately due to some bad behaviour of the husband, she is entitled to be maintained by him. 
A wife whose husband neglects to maintain her without any lawful justification, is entitled to file a suit for maintenance in a family court under the Family Courts Ordinance, 1985. She is also entitled to enforce her rights under the Code of Criminal Procedure. The amount of maintenance to the wife may be any reasonable sum of money to be decided by the court, taking into account the requirements of the wife according to her status and the socio-economic condition of the husband.
A divorced woman is also entitled to claim maintenance from her former husband. However, a divorced wife is entitled to maintenance only for the duration of her iddat. The duration of iddat on divorce is three menstrual periods, or if pregnant, till the delivery of the child. The husband’s liability to maintain a divorced wife terminates after the expiry of iddat, even if she remains unmarried.
In the context of the second category, a father is the legal guardian of his children. Therefore, it is the father who is responsible for the maintenance of his children. A father is bound to maintain his son and daughter even if they are not in his custody _ they may be in the custody of the mother or any other legal guardian.  
A father is obliged to maintain his son till the child attains majority, which is generally at the age of 18. But a father is not bound to maintain his adult son, unless he is infirm or disabled. On the other hand, a father is obliged to maintain his daughter till she gets married. The father is also liable to provide maintenance to his widowed or divorced daughter, if she is unable to maintain herself. 
Where the father has no means to provide for his children, the mother is liable to maintain them if her circumstances permit. But where the mother, too, is unable to maintain the children, then their responsibility is shifted to the paternal grandfather. Meanwhile, a neglected child, through his or her legal guardian, is also entitled to file a suit claiming maintenance from the father.
Furthermore, children are bound to maintain their elderly parents. The principle of law is that as children have the right to be maintained by their parents, they too have a corresponding duty to provide maintenance to their parents. Children are legally bound to provide for parents who are impoverished, in other words, only needy parents are entitled to get maintenance from their children. In this case, both son and daughter are equally liable to maintain their parents. 
Under the Parents Protection Act, 2013, parents can now go to court and file a suit against their children seeking maintenance. However, a child is not bound to maintain a step-parent. 

The writer is an Advocate, Supreme Court of Bangladesh.

LAW OF MAINTENANCE

Maintenance means providing living expenses for food, lodging, clothing and other essentials. The duty to maintain is an obligation under which a person is legally bound to provide for another person. Marriage imposes an obligation on the husband to maintain his wife, while the birth of any child imposes an obligation on the father to maintain his children. Under Muslim Sharia law, persons who have the right to be maintained by another person are determined on the basis of blood relationship or marriage. A wife is entitled to be maintained by her husband because of her marriage, even if she has enough means to support herself. On the contrary, a wife is under no legal obligation to maintain her husband, even if he is unemployed. Other persons entitled to maintenance are blood relatives, including underage children and necessitous parents. Thus, a wife, children and parents have absolute legal rights to get maintenance. It is a legal obligation of every husband to maintain his wife, even if the husband has no means to provide for her. A wifes right to be maintained by her husband gets priority over the rights of maintenance of all other persons. It is interesting to note that when it comes to maintenance, the wife is preferred even over young children, as she is considered the source or root, and a child is the offspring or a branch. It is implied in every contract of marriage that a husband would maintain his wife throughout her life. The wifes right to claim maintenance from her husband is an independent right. This right does not depend on any other separate agreement. The wifes right exists whether she is a Muslim or non-Muslim, rich or poor, of sound health or unsound mind. Even if the wife lives separately due to some bad behaviour of the husband, she is entitled to be maintained by him. A wife whose husband neglects to maintain her without any lawful justification, is entitled to file a suit for maintenance in a family court under the Family Courts Ordinance, 1985. She is also entitled to enforce her rights under the Code of Criminal Procedure. The amount of maintenance to the wife may be any reasonable sum of money to be decided by the court, taking into account the requirements of the wife according to her status and the socio-economic condition of the husband. A divorced woman is also entitled to claim maintenance from her former husband. However, a divorced wife is entitled to maintenance only for the duration of her iddat. The duration of iddat on divorce is three menstrual periods, or if pregnant, till the delivery of the child. The husbands liability to maintain a divorced wife terminates after the expiry of iddat, even if she remains unmarried. In the context of the second category, a father is the legal guardian of his children. Therefore, it is the father who is responsible for the maintenance of his children. A father is bound to maintain his son and daughter even if they are not in his custody _ they may be in the custody of the mother or any other legal guardian. A father is obliged to maintain his son till the child attains majority, which is generally at the age of 18. But a father is not bound to maintain his adult son, unless he is infirm or disabled. On the other hand, a father is obliged to maintain his daughter till she gets married. The father is also liable to provide maintenance to his widowed or divorced daughter, if she is unable to maintain herself. Where the father has no means to provide for his children, the mother is liable to maintain them if her circumstances permit. But where the mother, too, is unable to maintain the children, then their responsibility is shifted to the paternal grandfather. Meanwhile, a neglected child, through his or her legal guardian, is also entitled to file a suit claiming maintenance from the father. Furthermore, children are bound to maintain their elderly parents. The principle of law is that as children have the right to be maintained by their parents, they too have a corresponding duty to provide maintenance to their parents. Children are legally bound to provide for parents who are impoverished, in other words, only needy parents are entitled to get maintenance from their children. In this case, both son and daughter are equally liable to maintain their parents. Under the Parents Protection Act, 2013, parents can now go to court and file a suit against their children seeking maintenance. However, a child is not bound to maintain a step-parent. The writer is an Advocate,Supreme Court of Bangladesh.