Skip to main content

Hindu Adoption and Maintenance Act Section 18–21

Hindu Adoption and Maintenance Act–Right of Hindu Wife to Maintenance (Section 18–21)


1. Earlier the male-dominated society of our country didn’t allow any improvement in the status of married women. A lot of men were committing violence against defenceless women. To overcome this disability of our society The Hindu Adoption and Maintenance Act 1956 along with the Hindu Marriage Act 1955, the Hindu Succession Act 1956, and the Hindu Guardians & Wards Act 1956 has been enacted to empower the married women of our state. 
Hindu Adoption and Maintenance Act Section 18–21

Hindu Adoption and Maintenance Act


2. According to Hindu law, marriage is a holy union for performing religious duties. These laws protect a woman by guaranteeing her fundamental rights, providing relief in case of cruelty, adultery, impotency, the claim of maintenance and alimony, etc. it further allows maintenance to the wife who cannot maintain herself. 

3. The right to maintenance arises from the concept that the head of an undivided family is bound to maintain its members. Section 3(b) of the Hindu Adoption and Maintenance Act 1956 defines maintenance as ; 1.  In all cases, provision for food, clothing, residence, education, medical attendance, and treatment. 2.  In the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage. 

 4. Section 18 of the Hindu Adoptions and Maintenance Act 1956 deals with the maintenance of the wife when she decides to live separately. This section specifies that a Hindu wife whether married before or after the enactment of this act is entitled to be maintained by her husband throughout her lifetime if she decides to live separately and is unable to maintain herself. 

5. A Hindu wife is entitled to live separately and claim maintenance in the following situations; 

1.  If her husband is guilty of desertion and had left her without giving any justification. 

2.  If the wife doesn’t feel safe to live with her husband or her husband treats her with such cruelty that it creates reasonable fear in her mind. 

3.  If her husband suffers from any virulent form of leprosy. 

4.  If her husband is having any kind of affair or has any other wife living. 

5.  If her husband decides to change his religion. 

5. It is to be noted that a Hindu wife is not entitled to separate residence and maintenance if she is unchaste or ceases to be Hindu by conversion to another religion. 

6. Section 19 of the Hindu Adoption and Maintenance Act 1956 states that a widowed daughter-in-law shall be entitled to be maintained by her father-in-law. It specifies that a Hindu wife, whether married before or after this act is entitled to get maintenance after the death of her husband by her father-in-law provided that she is unable to maintain herself out of her earnings or other property such as the estate of her husband or her father or mother. 

7. In the future, if the daughter-in-law remarries then any such obligation will cease and she will not be entitled to claim any further maintenance. 

8. Section 20 deals with the maintenance of children and aged parents. Under section 20 not only the father but also the mother is legally bound to maintain her son or illegitimate son. 

9. Children shall be entitled to maintenance until they cease to be a minor or until they attain the age of 18. A daughter can claim maintenance until she marries. 

10. Section 21 of the Hindu Marriage and Adoption Act deals with the rights of the dependents of the deceased to claim maintenance from the heir of the deceased.  

11. Section 21 defined the following as dependents; 

1. Father of the deceased.
2. Mother of the deceased.
3. Widow of the deceased as long as she does not remarry.
4. Son, grandson, great-grandson of the deceased provided he is a minor and cannot get maintenance.
5. Unmarried daughter, granddaughter or great-granddaughter of the deceased provided she is unmarried and cannot get maintenance.
6. Widowed daughter of the deceased provided she cannot get maintenance from her husband.
7. Any widow of the deceased son or grandson provided she does not remarry and cannot get maintenance from her husband.
8. The illegitimate son of the deceased provided he is a minor.
9. The illegitimate daughter of the deceased provided she is unmarried. 

The Law bound the heirs of the deceased Hindu to maintain the dependents of the deceased out the assets inherited by them from the deceased.


 

DISCLAIMER

This article is written for educational purposes, this is not for any kind of advertisement of the writer.

Comments

  1. Very helpful for common people like me who have very little knowledge of law.

    ReplyDelete
    Replies
    1. Thank you very much for giving your time to read my article.

      Delete

Post a Comment

Thanks for your comment. We will get back to you regarding the same.

Popular posts from this blog

Negotiable Instruments Act 2018 Amendment pdf Gazette Notification: Top 12 Points

1.  With the help of the Negotiable Instruments (Amendment) Act 2018, new provisions related to interim compensation are added in the Negotiable instruments Act 1881.  2.  It adds two new sections to the NIA 1881 ; Section 143A and Section 148 to limit the issues of dishonor of cheque and to stop the injustice that a cheque bearer faces after the dishonor of the cheque.  3.   In the cases of dishonor of cheques the drawer drags the case longer to avoid the payment and before this amendment, the cheque holder was not entitled to any kind of compensation until the Court fully resolved the case. The Negotiable Instruments (Amendment) Act 2018 focuses on this unfair issue faced by the cheque holder.  4.  The newly added Section 143A gives power to the trial court to allow interim compensation to the complainant of dishonor of cheques when the accused pleads not guilty.  5.  Section 143A specifies that the interim compensation provided shall not exceed twenty perc

Legal Heir Certificate Format I download pdf copy

Legal Heir Certificate Format 1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate. 2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc. 3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir. Legal Heir Certificate Format  Procedure for getting legal heir certificate 4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate . Legal heir includes Husband/Wife or Son/Daug

Top 10 Points, Can Working Women Ask For Alimony In India? (2020)

1. Divorce entitles the wife to get alimony if she cannot maintain herself but what about working professionals? Can a woman get alimony if she has a source of income? The answer is yes; a working woman is eligible to get alimony depending on her income and living conditions.  2. Earlier working women in India were not given any kind of alimony or maintenance but with the change in time and subsequent amendments in the law, alimony or maintenance are provided to a working wife under certain circumstances. 3. When we say a working woman, we consider someone who is economically independent and financially able to satisfy her needs but sometimes in cases of married working women they do not earn enough to satisfy their necessities and partially depend on their husbands. These women are eligible to claim a certain amount of alimony. 4. The main reason behind maintenance to a working wife is that a wife faces many problems after leaving her matrimonial home and is dep