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Nilanjan Bhowmick AIR 3, CSIR NET (Earth Science)
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Read the following statements in the light of Hindu Adoptions and Maintenance Act, 1956 and give correct answer with the help of codes given below :
i. The obligation of husband to maintain his wife is co-extensive with his property.
ii. Sec. 18(2) provides for maintenance and separate residence of wife in some conditions.
iii. Father-in-law’s obligation to maintain widowed-daughter-in-law is a personal obligation.
iv. An unchaste and non-Hindu wife is not entitled to maintenance.
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Eduncle Best Answer
Section 18 in The Hindu Adoptions and Maintenance Act, 1956 : Maintenance of wife. (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 wilfully neglecting her;
(b) 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;
(c) if he is suffering from a virulent form of leprosy;
(d) if he has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;
(f) if he has ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying living separately.
The Hindu husband has a legal obligation to maintain his wife during his lifetime. However, if a wife ceases to be Hindu or lives separately under no legal grounds she looses the right to claim maintenance too. Also, a Hindu wife under this act shall not be entitled to separate residence and maintenance from her husband if she is unchaste or converts to another religion. Wife can claim separate residence only if husband remarries and the other wife stays in the same house.