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ABOUT THE BOOK
Can a wife claim maintenance from her husband? Maintenance under the Hindu Adoption and Maintenance Act, 1956 is provided as a right to a wife to claim maintenance from her husband.
A wife can file a maintenance case under the Act in India against her husband when she is unable to maintain herself financially.
The court will consider the financial position of the husband and reason for which the wife is separated from her husband, before awarding maintenance to her.
The Hindu law or family law in India recognises the right of a wife, children, aged parents and widowed daughter or daughter in law to receive maintenance.
Under matrimonial laws, if the husband is ready to cohabit with the wife, the wife’s claim to maintenance is rejected.
However, a Hindu wife is entitled to reside separately from her husband without forfeiting her maintenance claim under the Hindu Adoptions and Maintenance Act, 1956.
The Act envisages certain situations in which it may become impossible for a wife to continue to reside and cohabit with the husband but she may not want to break the matrimonial tie for various reasons ranging from growing children to social stigma.
There is a misconception that a working woman is not entitled to claim maintenance as she is earning and is thus able to maintain herself.
The Indian courts have recognised the right of maintenance of a working woman and held that an estranged woman can claim maintenance from her husband even is she earns a monthly income, which is not enough for her to maintain herself.
Thus, under the family law in India, an earning wife is entitled to maintenance under maintenance laws in India. Top Family Lawyers will help assist and guide you throughout the procedure of Indian maintenance system and case laws.
ABOUT THE AUTHOR
Dr Kumari Lakshmi Singh did her LL.M at the Kuvumpu University Karnataka . She has completed his PhD at the Department of Law, RNTUof Bhopal Madhya Pradesh. She has previously held visiting teaching positions at University Law College Vinoba Bhave University, Hazaribagh. Experienced Assistant Professor with a demonstrated history of working in the field of higher education/academics. Skilled in Writing, MS – Office, Public Speaking, Civil Litigation, Research, Blogging etc. Dedicated and punctual. Sharp observer and a keen learner.
Area’s of Interest include Arbitration Law, Company Law, Law of Contracts, Constitutional Law and Hindu Law.The Programme Officer is one of the important person in NSS Organization, she plays pivotal role and responsible for the organization of NSS Unit, implementation of NSS Programme under the supervision and direction of Principal of the College.Social work is a profession in which trained professionals are devoted to helping vulnerable people and communities work through challenges they face in everyday life.
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