Maintenance of Wife under Hindu Adoptions and Maintenance Act (HAMA), 1956

The Hindu Adoptions and Maintenance Act (HAMA), 1956, provides a comprehensive legal framework for the maintenance of a wife, ensuring her financial security both during the marriage and in cases where she lives separately for justified reasons.

The primary provisions are found in Section 18 of the Act.

1. The General Right (Section 18(1))

A Hindu wife is entitled to be maintained by her husband during her lifetime. This right is absolute and exists regardless of whether the husband has property or not, as it is a personal obligation arising from the marital bond.

2. Separate Residence and Maintenance (Section 18(2))

A wife is entitled to live separately from her husband without forfeiting her right to maintenance if any of the following grounds exist:

• Desertion: The husband has abandoned her without reasonable cause and without her consent, or has willfully neglected her.

• Cruelty: The husband has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with him.

• Virulent Leprosy: The husband is suffering from a virulent form of leprosy.

• Bigamy: The husband has another wife living.

• Concubinage: The husband keeps a concubine in the same house where the wife is living, or habitually resides with a concubine elsewhere.

• Conversion: The husband has ceased to be a Hindu by conversion to another religion.

• Any other justifying cause: A "catch-all" provision that allows the court to grant maintenance for any other valid reason not explicitly listed.

3. When the Right is Forfeited (Section 18(3))

A Hindu wife is not entitled to separate residence and maintenance from her husband if:

1. Unchastity: She is unchaste (commits adultery).

2. Conversion: She ceases to be a Hindu by converting to another religion.

4. Amount of Maintenance (Section 23)

The court determines the amount of maintenance based on several factors, including:

• The status and position of the parties.

• The reasonable wants of the wife.

• If she is living separately, whether she is justified in doing so.

• The value of the wife's property and any income derived from it.

• The number of persons the husband is legally bound to maintain.

5. Maintenance for a Widowed Daughter-in-Law (Section 19)

It is important to note that the Act also protects a widowed daughter-in-law. She can claim maintenance from her father-in-law if she is unable to maintain herself out of her own earnings or property, and has no share in the estate of her husband, parents, or children.