Definition of Maintenance or Nafaqa Maintenance is called nafaqa in Arabic term which literally means, “what a person spends over his family. In legal sense, maintenance signifies and includes food, clothing and lodging. Maintenance is the lawful right of the wife to be provided at the husband’s expense with food, clothing, accommodation and customarily extends to other necessaries of life. To Dar-rul- Mukhtar, “Nafaqa literally means that which a man spends over his children, in law it means feeding, clothing and lodging; in common use it signifies food”. To Hedaya, “ All those things which are necessary to the support of life, such as, food, clothes, and lodging; many confine it solely to food. According to Black Law Dictionary, “Sustenance, support, assistance, aid, the furnishing by one person to another, for his or her support, of the means of living , or food, clothing, shelter etc. particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child, or husband and wife. While term primarily means food, clothing and shelter, it has also been held to include such items as reasonable expenses, medical and drug expenses, utilities and household expenses”. According to section 2 (b) of the Parents’ Maintenance Act, 2013 maintenance means, foods, clothes, medication, accommodation and accompanying ( “ভরণ-পোষণ” অর্থ খাওয়া-দাওয়া, বস্ত্র, চিকিৎসা ও বসবাসের সুবিধা এবং সঙ্গ প্রদান;).
Posted on: Wed, 03 Dec 2014 11:59:20 +0000
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