• Maintenance For Wife & Children: Under Hindu Adoptions and Maintenance Act, 1956

  • Maintenance Under The Hindu Adoptions and Maintenance Act, 1956

     Maintenance For Wife

    A Hindu wife shall be entitled to be maintained by her husband during her lifetime. She, however, shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

    A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance-

    1. if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;
    2. if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;
    3. if he is suffering from a virulent form of leprosy;
    4. if he has any other wife living;
    5. if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;
    6. if he has ceased to be a Hindu by conversion to another religion;
    7. if there is any other cause justifying her living separately.

    Maintenance For Children

    A Hindu is also bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children. A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. 

    Amount of maintenance

    The amount of the maintenance shall be purely the discretion of the Court. In determining the  amount of the maintenance the court shall have due regard to the following considerations, namely,

    1. the position and status of the parties;
    2. the reasonable wants of the claimant;
    3. if the claimant is living separately, whether the claimant is justified in doing so;
    4. the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;
    5. Any other relevant fact and circumstance

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Hindu Adoptions and Maintenance Act, 1956, The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, The Code of Criminal Procedure, 1973, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.  

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.    

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