Maintenance - Definition - Law Dictionary Home Dictionary Definition maintenance

Definition :

Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.

It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in which he has any interest, actual or contingent; and also a suit of his near kinsman, servant, or poor neighbour, out of charity and compassion, with impunity, Bac. Abr., tit. 'Maintenance.'

Further, any legitimate common interest will justify a person or persons jointly subscribing to pay the expenses of a suit, even when it is carried on by a third party, and a person will not be guilty of maintenance in indemnifying his customers from actions brought against them by a trade rival, British Cash, etc., Conveyors v. Lamson Store Service Co., (1908) 1 KB 1006. An action for maintenance does not lie without proof of special damage. The success of the maintained actions is not a bar to the right of action for maintenance, Neville v. London Express Newspaper, 1919 AC 368.

This offence is punished by Common Law, and also by 1 Rich. 2, c. 4, by fine and imprisonment; and by 32 Hen. 8, c. 9, by a forfeiture of 10l. See CHAMPERTY.

As to maintenance of infants and persons until they attain a vested interest if they are entitled to the intermediate income or otherwise as provided under settlements created after 1925, see Trustee Act, 1925, s. 31, reproducing and extending the Conveyancing Act, 1881, s. 43, and Re Raine, (1929) 1 Ch 716; see also the Administration of Estates Act, 1925, s. 47 (1) (ii.), and Legitimacy Act, 1926, s. 6; and as to maintenance in matrimonial cases, Judic. Act, 1925, ss. 187, 190 et seq.; for the law before 1926, consult Jarman or Godefroi on Trusts, and Wolst. And Cherry, Conveyancing Statutes. As a rule, powers or trusts for the maintenance of children and accumulation of the residue of income were included in all carefully drafted settlements and wills.

'Maintenance' must vary according to the position and status of a person. It does not only mean food and raiment. The grant of the village was much be way of maintenance as was the cash allowance called 'jiwai' and was exempted from tax, Her Highness Maharani Kesarkunverba Saheb of Morvi v. Commissioner of Income Tax, AIR 1960 SC 1343 (1346): (1960) 39 ILR 283.

'Maintenance', necessarily must encompass a provision for residence. maintenance is given so that the lady can live in the manner, more or less, to which she was accustomed. The concept of maintenance must, therefore, include provision for food and clothing and the like and take into account the basic need of a roof over the head, Mangat Mal v. Punni Devi, AIR 1996 SC 172: (1995) 6 SCC 88. [Hindu Succession Act, 1956, s. 14 (1)]

It includes--

(i) in all cases, provision for food, clothing, residence, education, medical attendance and treatment;

(ii) in the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage. [Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), s. 3 (b)]

The cost of education till the child is old enough to earn his living and thus relieve the father of the burden of his maintenance, Nanak Chand benarsi Das v. Chander Kishore, AIR 1969 Del 235 (244).

The English word 'maintenance' is not, strictly speaking, a correct equivalent of the Malayalam word 'chilavu' of which it is generally understood to be a translation. The term means 'expenses' and is comprehensive in its significance, Sheshappa Shetty v. Kijanar Devaraja Shetty, AIR 1926 Mad 723.

The maintenance of the detenue and not of his dependants, Moturu Hanumantha Rao v. Government of Andhra Pradesh, AIR 1966 AP 229 (233). (Defence of India Rules, 1962, R. 40)

'Maintenance' does not mean merely the storing of goods and keeping them intact. The maintenance of supplies is not an end in itself. The supply is to be maintained with the object that the article would be readily and easily available to the consumer, Mahendrakumar Bhagwandas Rendheria v. State, AIR 1967 Bom 163.

It includes--in all cases, provision for food, clothing, residence, education and medical attendance and treatment, Kiran Bala Saha v. Bankim Chandra Saha, AIR 1967 Cal 603.

Include provision for food, clothing, residence, education, medical attendance and treatment, Thulasikumar Anil Kumar v. Raghavan Nair, AIR 1985 Ker 20. If any person having sufficient means neglects or refuses to maintain:

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, or

(c) his legitimate or 'illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of first class, may upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of his wife, father or mother. (CrPC, 1973, s. 125)

The expression maintenance referred to in s. 45 and the corresponding provisions is to the maintenance payable to the members of the family and not to a sum payable to support charities. Court would also point out that it would be most inapt to call a charity 'a person', Raja Rajeswari Ambal of Sri Dattatreya Mandiram v. District Board, AIR 1958 Mad 105 (106). [Madras Estate (Abolition and Conversion into Ryatwari), Act, 1948, s. 45]

The word 'maintenance' in its ordinary parlance means and includes provision for food, provision for shelter, provision for clothing etc., Adiveppa v. Tangewwa, AIR 1975 Kar 198.

Maintenance is 'an act of maintaining', 'support' means 'to provide money for a personto live on', Pradeep Kumar Kapoor v. Ms. Shailja Kapoor, AIR 1989 Del 10.

The marriage expenses of a junior member of a tarwad of Aliyasanathana family should not also be defrayed by the karnavan or ejaman, provided that the family has adequate funds, and the karnavan or ejman has no valid and proper objections to the marriage, Sheshappa Shetty v. Kijanar Devaraja Shetty, AIR 1926 Mad 723.

The words 'requiring the maintenance in mines' of 'suitable rooms' must surely include, where there are no such rooms, their construction and then their maintenance, State v. Kunja Behari Chandra, AIR 1954 Pat 371.

Means to preserve or to keep in good condition, Jiya Lal v. State of Uttar Pradesh, AIR 1981 All 72.

It would obviously include provision for food, clothing, residence, education of the children and medical attendance or treatment. The obligation to maintain besides being statutory in nature is also personal in the sense that it arises from the very existence of the relationship between parent and the child, State of Haryana v. Santra, (2000) 5 SCC 182.