In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
Under what circumstances can a Hindu wife obtain maintenance from her husband?
the Hindu wife is also entitled to take get maintenance even if she lives separately from her husband under following grounds: When the husband is liable for desertion. When the husband is liable for cruelty. When the husband is suffering from leprosy.
What are the conditions under which a Hindu wife is entitled to maintenance and separate residence?
Wife also has a right to separate residence and maintenance if any of the condition in Section 18(2) [desertion, cruelty, leprosy, any other wife/ concubine living in the same house, conversion of religion or any other reasonable cause] is fulfilled until she remains chaste or does not convert to other religion.
On what grounds can a Hindu wife claim maintenance from her husband even while living separate from him when her right to maintenance is lost?
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance- (a) 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 willfully neglecting her; (b) if he has treated her with such …
Under what circumstances a wife can ask for separate residence and maintenance from her husband?
Under clause (b) where a husband treats his wife with cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband, the wife is entitled to claim the right to separate residence and maintenance.
Can wife maintenance without divorce?
yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.
What is the maintenance of wife?
I) MAINTENANCE OF WIFE:
24 of Hindu Marriage Act, 1955 (herein after mentioned as HM Act), either the wife or husband can apply for interim maintenance. The basis of the claim for interim maintenance is that the claimant has no independent income of his/her own to support himself/herself.
Can wife claim maintenance from in laws?
Special Marriage Act, 1954
Section 36 of this secular legislation, applicable to all persons who solemnize their marriage in India, provides that a wife is entitled to claim pendente lite maintenance, if she does not have sufficient independent income to support her and for legal expenses.
Can educated wife claim maintenance?
It is no answer to a claim of maintenance that the wife is educated and could support herself. Likewise, the financial position of the wife’s parents is also immaterial: The High Court of Delhi. … The aforesaid has been established by the Apex Court in the case of State v.
Can wife claim alimony from father-in-law?
1) Wife can’t ask any share in the husband or father-in-laws property share till both are alive. 2) She can claim for monthly maintenance from husband income and that could come to net income of 25-30% of his salary. 01.
Can wife claim maintenance while living with husband?
Maintenance can be claimed by the wife under Section 125, CRPC. Section 24, Hindu Marriage Act is subject to the fact that: The wife is not living in adultery – if the wife is living with another man, she cannot even claim interim maintenance.
Who is entitled to maintenance under Hindu law?
According to Section 25 of the Hindu Marriage Act,1955, the Applicant being either the husband or wife is entitled to receive his or her maintenance from the spouse in the form of a gross sum or monthly sum for a term not exceeding the lifetime of the applicant or until the applicant remarries.
What are the rights available to Hindu wife to maintenance in the life and after the death of her husband?
Section 19 of the Hindu Adoption and Maintenance Act provides that after the death of her husband, a Hindu wife is entitled to be maintained by her father-in-law, if she has no means of her own earnings or other property or estate of her husband/ father/ mother or from her son or daughter or his/her estate.
When a wife loses her right to separate residence and maintenance?
The wife living separately from her husband without a reasonable justification cannot claim maintenance because in that case she herself is guilty of the breach of marital obligations. The Hindu Adoption and Maintenance Act, 1956 keeps alive the old textual law in this respect under Section 18.
In which type of marriage the wife has the right to maintenance and inheritance of property?
A married Hindu woman also has exclusive rights over her individual property. She is the sole owner and manager of her assets whether these are earned, inherited or gifted. She is also entitled to maintenance, support and shelter from her husband, and if they stay in a joint family, then from the joint family.