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Maintenance of Wife Explained | Hindu Law Section 18 | AJAY SHARMA LAW


Section 18 – Maintenance of Wife (Hindu Adoptions and Maintenance Act, 1956)

This section deals with the right of a Hindu wife to be maintained by her husband. It is one of the most important provisions under Hindu personal law and is frequently asked in exams. Below are simplified notes:

1. General Rule

  • A Hindu wife, whether married before or after the commencement of this Act, has the right to be maintained by her husband during her lifetime.

  • This right is independent of other matrimonial reliefs like divorce or restitution of conjugal rights.

2. Right to Separate Residence with Maintenance

A Hindu wife can live separately from her husband without losing her right to maintenance in the following situations:

a) Desertion – If the husband abandons her without reasonable cause, without her consent, or against her wish, or wilfully neglects her.

b) Cruelty – If the husband treats her with cruelty causing a reasonable fear that living with him would be harmful or injurious.

c) Another Wife Living – If the husband has another wife alive at the same time.

d) Concubine – If the husband keeps a concubine in the same house or habitually resides with her elsewhere.

e) Conversion of Religion – If the husband ceases to be a Hindu and converts to another religion.

f) Any Other Just Cause – If there is any other valid reason justifying separate living.

3. Exceptions – When Wife Loses Right to Maintenance

  • If the wife is unchaste (involved in immoral sexual conduct) outside marriage.

  • If the wife ceases to be Hindu by converting to another religion.

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