Maintenance Of Wife In Hindu Law

MAINTENANCE OF WIFE IN HINDU LAW

Siya Shruti*

INTRODUCTION

In most systems of law, wife special position in a husband's household is recognised. The obligation of husband to maintain his wife does not arise out of any contract express or implied, But out of status of marriage, out of jural relationship of husband and wife. The obligation of husband to maintain his wife begins with marriage however wife should be legally wedded wife. A woman marrying an already married man, who is married is subsistence, is not entitled to maintenance and this was held in Subba Reddy versus Padmamma[1]. In Hindu law, maintainance is given to unchaste wife provided the continued to live with her husband do in such case has it been entitled to Starving maintenance.  

Wife's maintenance may arise in following three situations:

1. When a wife lives with her husband:
2.  when the life wife leaves separate from her husband ;and
3. when wife live separate under the decree of the court of Judicial separation away the marriage is dissolved.

1. WHEN WIFE LIVES WITH HUSBAND

In all patriarchal society, it has been considered an imperative duty of the wife to live with her husband and perform all obligations and conjugal rights. Side by side with this application, the husband's obligation to maintain his wife begins with marriage. It cannot be a valid ground to refuse maintenance, that his financial condition is not good. The husband obligation to maintain her comes to an end only when she leaves him without any good cause or without his consent. The modern Hindu law list out the Hindu wife is entitled to be maintained by her husband during her lifetime and this has been provided in Section 8 of Hindu adoption and maintenance act 1956.[2]

1.  WHEN WIFE LIVES APART

Hindu wife is entitled to maintenance if she lives separately from her husband for a justiciable reason. Section 18 (2) of the Hindu Adoption and Maintenance Act 1956 list down the grounds in which wife maybe separate and claim maintenance.[3]

The Hindu wife can live separately and claim maintenance where the husband has abandoned her wife without reasonable cause and without her consent or against her wish or has been fully neglected her. In Ramdevi vs Raja Ram[4] , the husband by his conduct made it evidently clear that he was not wanted in the house and made her presence presented by him therefore is the situation the wife of justified living separately and was entitled to the maintenance.

Other reasons for a wife is entitled to maintenance even after living separately are leprosy of the husband, another wife is living, the husband keeps a Concubine, or lives with the concubine or is living in adultery, or the husband has converted and has ceases to be a Hindu by conversion to other religion or any other justifiable cause.[5]

Under this Act also, only a wife has a right to claim maintenance. 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 loses 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.

1. UNDER A DECREE OF COURT

Under the English matrimonial system the right of maintenance of wife is a well recognised incident of status of Matrimony. It would be the duty of the husband to pay the wife's cost in any matrimonial proceeding and also to provide such maintenance and support pending the disposal.

1. Alimony pendente Lite

Section 24 of the Hindu Marriage Act, provides for the maintenance pendente Lite which states that in any proceeding under the Act, if the Court is of the opinion that either the wife or the husband, has no independent income for her or his support in the necessary expenses of the proceedings it may on the application of one spouse order that are the spouse to pay the expenses of the proceedings and during the proceedings at some monthly as a court feels reasonable having regard to the income of both the spouse.[6]

 It may be noted that an analogous provision has been made in the Special Marriage Act 1954 with the important difference that under that as it is only the wife who can claim alimony pendent lite during the pendency of the court proceedings. It is clear that the court has ample discretion in passing an order and the amount of interim maintenance that one spouse maybe order to pay to the other will be such as a beard reasonable to the court in the exercise of such discretion.

The discretion which is conferred on the court is judicial and not arbitrary, the discretion is to be guided by sound principles of matrimonial law in the exercise within the Ambit of Section 24 having regard to the object nevertheless judicial.

The fact that wife's brother is an income under is not a valid ground for refusing interim maintenance to her in the case before the court a sum of 150 rupees per month granted to the Wife, the lower Court was held to be reasonable in the case of Rajendran versus Rajalakshmi.[7]

1. Permanent Alimony

Section 25 [8]makes provision for the permanent alimony and maintenance and provide support at the time of passing any decree, on the application made by wife and husband order that others spouse shall provide for maintenance or support such that sum of monthly or periodic as the court deem just and reasonable.

Right of maintenance is a statutory right and therefore a party cannot contract himself or herself out of the same. Wife cannot bind herself under an agreement with her husband to forgo her right of applying to Code for maintenance in case of matrimonial proceeding between them held in Hayman versus Hayman[9].

CONCLUSION

A Hindu wife is entitled to maintenance under Hindu marriage act, 1956 and Hindu adoption and maintenance act, 1956 under Hindu Law. However a wife is entitled to maintenance in criminal law[10] under code of criminal procedure in Section 125 and Domestic Violence Act.

Remedy for maintenance under Section 18 of the Act and under section 125 code of criminal procedure are coexistent mutually and complementary supplementary and 8 and addition of each other. An order of maintenance under section 125 cannot foreclose claim under Section 18.

[1] Subba Reddy versus padmamma AIR 1999 AP 19.

[2] Section 8 of Hindu adoption and maintenance act 1956

[3] Section 18 (2) of the Hindu Adoption and Maintenance Act 1956

[4] Ramdevi vs Raja Ram AIR 1963 Allahabad 564

[5] Section 18, Hindu Adoption Act

[6] Section 24 of the Hindu Marriage Act

[7] Rajendran versus Rajalakshmi 1985 Madras 195.

[8] Section 25 of the Hindu Marriage Act

[9] Hayman versus Hayman 1929 A 66 01

[10] Section 125 Code of Criminal Procedure