Question

Which of the following sections of the Hindu Adoption and Maintenance Act, 1956 deals with "amount of maintenance"?

• A. Section 21
• B. Section 22
• C. Section 23
• D. Section 24

Hint:

In HAMA, Section 23 is the key provision that guides the court's discretion in deciding 'how much' maintenance should be paid, by listing the various factors to be considered.

Answer 1

The Correct Option is C

Section 23 of the Hindu Adoptions and Maintenance Act, 1956, is titled "Amount of maintenance." This section lays down the principles that a court must consider while determining the amount of maintenance to be awarded. Section 23(1) states that it shall be in the discretion of the court to determine the amount, and Section 23(2) and (3) list the factors to be considered, such as the position and status of the parties, the reasonable wants of the claimant, and the value of the claimant's property. The other sections deal with related but different topics: S.21 defines 'dependants', S.22 deals with maintenance of dependants, and S.24 deals with who is a dependant.