A claim for maintenance may be made by the wife, legitimate or illegitimate minor child whether married or not, legitimate or illegitimate child though a major, provided such child is suffering from physical or mental abnormality and also against father and mother.
The conditions to be satisfied before ordering maintenance are (1) that the person proceeded against (respondent) has neglected or refused to maintain the petitioner and (2) that the petitioner is unable to maintain himself.
Since a proceeding for recovery of maintenance is registered as a miscellaneous case, the party who institutes the proceeding is called the petitioner and the party against whom it is instituted is described as respondent.
There is no need to record the sworn statement of the petitioner before the proceeding is registered as M.C. Section 126(2) provides that all evidence in maintenance cases should be recorded in the presence of the respondent or his pleader and not otherwise.
ADVERTISEMENTS:
But if the respondent remains ex parte the Magistrate may record the evidence in his absence also. An application for setting aside the ex parte order may be filed within three months from the date of order.
If there has been a subsequent change in the circumstances entitling the petitioner to claim maintenance at an enhanced rate or entitling the respondent to claim reduction of the rate of maintenance, such an order in modification of the earlier order can be passed under Section 127.
The claim shall be made in the District where the respondent is residing. If petitioner is wife, the claim can be made also where the petitioner is residing or where she last lived with the respondent.