18. MAINTENANCE OF WIFE.-
1.Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.
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 willfully neglecting her.
b. if has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injuries to live with her husband.
c. if he is suffering from a virulent form of leprosy. (This clause has been omitted by 2019 Personal Laws Amendment Act)
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.
3. A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
Under the modern Hindu law, in respect of aged parents and minor children, this is an obligation of every Hindu, male or female. Thus, a Hindu has personal obligation to maintain (1) his wife, (2) children, and (3)aged parents.
WIFE’S RIGHT TO MAINTENANCE
Under Section 18 of the Hindu Adoption and Maintenance Act, two separate rights have been conferred on the wife;
1. Right to maintenance
2. Right to separate residence.
Before the present legislation, an Act known as Right to Separate Residence and Maintenance Act, 1946 was in force, which has been repealed by Section 29 of the Act of 1956.
Before the Act of 1956 came into force it was treated as a binding duty of every husband to maintain his wife, irrespective of any property with him. Since it was regarded as a personal liability, it hardly required the possession of any ancestral or separate property with the husband as a condition precedent for entitling the wife to claim maintenance from him.
This right exists for the whole span of her marital life. The liability of the husband is not affected by the fact that she is quite rich.
The wife is entitled to claim maintenance either out of the share of her husband in the joint Hindu family or of his own separate property.
The obligation of the husband to maintain his wife does not arise out of any contract, express or implied, but out of the status of marriage, out of the jural relationship of husband and wife created by the performance of the marriage.
The obligation of the husband to maintain his wife begins with marriage.
It is irrespective of the fact whether he has or has no property. Hindu law-givers did not deny maintenance even to an unchaste wife, provided she continued to live with her husband though in such a case she was entitled to starving maintenance.
Under the ancient Hindu law, a wife who did not live with her husband, whatever be the cause, was not entitled to maintenance.
But gradually law developed and it came to be established that a wife living separate from her husband for some justifiable cause can claim maintenance.
In the modern Hindu law, a wife is also entitled to maintenance after dissolution of marriage. Thus, a wife’s right to maintenance may arise in the following three situations :
1. when the wife lives with her husband,
2. when the wife lives separate from her husband, (not under a decree of the court), and
3. When the wife lives separate under a decree of the court (judicial separation) or when the marriage is dissolved.
S.18(1), HINDU ADOPTION AND MAINTENANCE ACT—
When wife lives with husband.—
A wife who resides with her husband must be maintained by him. It cannot be a valid ground to refuse maintenance that his financial condition is not good. The obligation of the husband to maintain his wife is a personal obligation.
Where an immature wife lives with her parents, the husband’s obligation to maintain her subsists.
Except the husband, no other member of the family has any personal obligation to maintain her.
The husband’s 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 lays down that a Hindu wife is entitled to be maintained by her husband during her life time.
RIGHT TO BE MAINTAINED BY HER HUSBAND
DURING HER LIFE-TIME
Section 18 of the Hindu Adoption and Maintenance Act confers a right on a wife to be maintained by her husband during her life-time.
The right of maintenance, being personal, cannot be extended against any relations of the husband, during his lifetime irrespective of the fact that she has been abandoned by her husband. But if such relative is in possession of the husband's property, she could claim maintenance from him.
WIFE - HIGHLY EDUCATED AND IS CAPABLE OF EARNING
SMT. TEJASWARI V. ARAVINDA TEJAS CHANDRA, AIR 2010 Ker. 228 NOC.
Recently court further observed that husband cannot deny for the maintenance on the ground that, she is highly educated and is capable of earning. It is not a sufficient ground to refuse maintenance
LAKHAN MURMA V. SMT. GURUBARI MURMA, AIR 2011 Orissa 13.
Recently, the court also observed that, strict proof of marriage is not necessary. Even the opinion expressed by local people having special means of knowledge is sufficient to prove factum of marriage.
GOVINDA RAO V. ANANDIBAI, AIR 1976, 433.
According to this section, every female Hindu without having filed a petition for divorce, judicial separation and or nullity could claim maintenance, such a right is not available under Section 25 of the Hindu Marriage Act, 1955. Section 18 of the Hindu Adoption and Maintenance Act is not subject to Section 25 of the Hindu Marriage Act.
DATTU BHAU UNDAGE V. TARABAI, AIR 1985 BOM 106.
Where a decree concerning maintenance from her husband has been passed in favour of a wife living separately and subsequently, they restore normal cohabitation it would not neutralise the effect of the decree and wife's right to maintenance does not come to an end.
INTERIM MAINTENANCE
Where the wife filed a petition of restitution of conjugal rights against the husband and a compromise decree has been passed in it but the husband did not comply with the decree as a result of which the wife had to live separately, the court held the view that this kind of situation would amount to desertion of wife and her right to maintenance under Section 18 of the Act would accrue.
KUSUM KRISHNAJI REWATKAR V. KRISHNAJI NATHUJI REWATKAR (AIR 2008 BOM. 185.),
Recently in above case the Bombay High Court held that under Section 18 of Hindu Maintenance Act that the wife can recover the marriage expenses of daughter from her husband.
In this case wife filed a suit against husband for recovery of marriage expenses of their daughter. She lived with his daughters, separately since last 25 years and she had spent money for performance of marriages of their daughters.
Under Hindu law father is bound to make provision for marriage of daughter. The Court observed that there is no ground to deny marriage expenses to her. So, the wife is entitled to recovery of reasonable expenses from his husband.
HUSBAND HAS ANOTHER LIVING WIFE
KIRAN V. BANKIM CHAND, AIR 1967 CAL 603.
Where the husband has another living wife, the other wife acquires the right to maintenance irrespective of the fact that wife was formerly wedded or subsequently wedded.
SHYAM SUNDER V. SHARITCMANI, 1962 ORISSA 50,
Where the wife sues for a separate maintenance on the ground that the second wife is still living, such a right could be claimed only after the enforcement of the present Act.
MALAPPA V. MALAPPA, 1970 MY 59.
If the wife refuses to live with the husband on the ground that he has kept another wife, that would not amount to desertion by the wife and hence it would not bring her right to maintenance to an end under this Section.
ABBAYOLLA M. SUBBA REDDY V. PADMAMMA,
In this case husband married to second wife observing Hindu rites and ceremonies. This marriage was void, on the ground that the first wife of the husband was living at the time of marriage.
The second wife claimed maintenance from husband, but court observed that husband's second marriage is bigamous and void ab initio. The second woman cannot get the status of a wife, as the first wife is living.
Hence, she cannot get a right to claim maintenance under Section 18 of the Act. 18(2)(b)
SHOBHA V. BHIMA & OTHERS, AM 1975 ORISSA 180.
Where the wife resides separately and claims maintenance on the ground that the husband is used to drinking, the court held that the wife does not acquire the right of separate residence and maintenance simply because the husband drinks. Where the husband treats her with cruelty along with drinking, that becomes a strong case of her maintenance and living separately 18(2)(e)
According to the rendering of this sections if the concubine is residing in the same house, the wife acquires the right of separate residence and maintenance but where the concubine is residing in the same marital home and wife has separated, then wife could not bring a suit for maintenance under Section 18(2)(e).
Under this sub-section in order to claim maintenance and the right to separate residence, it is necessary to prove the fact of wife and the concubine living in the same matrimonial home. But in the above circumstances while the concubine is living in the same house and the wife is residing separately, she could claim maintenance under Section 18(2)(g)
NAGENDRAPPA NATIKAR V. MADAMMA (AIR 2003 KAM. 342.) (AIR 2013 SC 915.)
In this case the court has held that if any order passed by the court under Section 125, Cr.P.C. by compromise or otherwise it cannot foreclose the remedy available to a wife under Section 18(2) of the Hindu Adoption and Maintenance Act.