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  • DRAFTING OF PLEADING FOR

    MAINTENANCE

    UNDER

    SECTION 18 OF HINDU ADAPTION AND

    MAINTENANCE ACT, 1956

    Research Project submitted to

    Dr. Swati Mehta

    (Faculty: DPC)

    Project submitted by

    B. Jayant Kumar

    (Roll no.-30)

    (Section-A, Sem-VIII)

    HIDAYATULLAH NATIONAL LAW UNIVERSITY

    RAIPUR, C.G.

  • ~ 2 ~

    TABLE OF CONTENTS

    Acknowledgements ......................................................................................................................... 3

    Objectives ....................................................................................................................................... 4

    Research Methodology ................................................................................................................... 4

    Table of Cases ................................................................................................................................. 5

    Introduction ..................................................................................................................................... 6

    Maintenance under Hindu Adoption & Maintenance Act 1956 ..................................................... 7

    Section 18(1): When Wife Lives with Husband ......................................................................... 8

    Section 18(2): When the Wife Lives apart .................................................................................. 9

    Desertion (clause a) ................................................................................................................. 9

    Cruelty (clause b)..................................................................................................................... 9

    Leprosy (clause c) .................................................................................................................. 10

    Another wife is living (clause d) ........................................................................................... 10

    Keeps a concubine (clause e) ................................................................................................. 10

    Conversion (clause f) ............................................................................................................. 10

    Any other justifiable clause (clause g) .................................................................................. 11

    Section 18(3): Forfeiture of the claim of Maintenance ............................................................. 11

    Pleadings for maintenance under Section 18 ................................................................................ 12

    Plaint: ........................................................................................................................................ 12

    Affidavit in support of Plaint: ................................................................................................... 14

    Written Statement: ..................................................................................................................... 15

    Affidavit in support of Written Statement: ............................................................................... 17

    Conclusion .................................................................................................................................... 18

    Bibliography ................................................................................................................................. 19

  • ~ 3 ~

    ACKNOWLEDGEMENTS

    I feel highly elated to work on the topic Drafting of Pleading for Maintenance under

    Section 18 of Hindu Adaption and Maintenance Act, 1956.

    The practical realization of this project has obligated the assistance of many persons. I

    express my deepest regard and gratitude for Dr. Swati Mehta, Faculty of DPC. Her consistent

    supervision, constant inspiration and invaluable guidance have been of immense help in

    understanding and carrying out the nuances of the project report.

    I would like to thank my family and friends without whose support and encouragement, this

    project would not have been a reality.

    I take this opportunity to also thank the University and the Vice Chancellor for providing

    extensive database resources in the Library and through Internet.

    Some printing errors might have crept in, which are deeply regretted. I would be grateful to

    receive comments and suggestions to further improve this project report.

    - B. Jayant Kumar

  • ~ 4 ~

    OBJECTIVES

    1. To understand the provisions regarding Maintenance of Wife under Hindu Adoption

    and Maintenance Act, 1956.

    2. To discuss the conditions requisite for claiming maintenance from a husband.

    3. To draft a Plaint and Written Statement for maintenance on behalf of wife and

    husband respectively.

    RESEARCH METHODOLOGY

    Nature of research work: This project Drafting of Pleading for Maintenance under Section

    18 of Hindu Adaption and Maintenance Act, 1956 is a Doctrinal work. Doctrinal research

    includes studying books and established literature and not actually going to the field and

    doing empirical research.

    Source of research work: The sources of this project are both primary (bare acts, statutes, etc)

    and secondary sources (books given by different authors, journals, internet, etc).

  • ~ 5 ~

    TABLE OF CASES

    Cases

    1) Chandra v. Nanak, AIR 1974 Del 175. ............................................................................... 7

    2) Dattu v. Tarabai ............................................................................................................... 11

    3) Gopin v. Anta Lal, AIR 1958 Pat 613 .............................................................................. 10

    4) Jadumani v. Kumudini, AIR 1986 Ori 10. ........................................................................ 10

    5) Jayanti v. Alamelu, (1904) 27 Mad 45. .............................................................................. 8

    6) Katawati v. Ratan, AIR 1960 All 601. .............................................................................. 10

    7) Kesharbai v. Haribhan, 1974 Mah L.J. 924 ...................................................................... 11

    8) Laxmi Devi v. Nagana, AIR 1925 Mad 757 ....................................................................... 8

    9) Meenakshi v. Muthukrishna .............................................................................................. 11

    10) Meera v. Sukumar, AIR 1994 Mad 168. ............................................................................. 9

    11) Mutyala v. Mutyala, AIR 1958 A.P. 582. ........................................................................... 8

    12) Parami v. Mahadevi, (1909) 34 Bom 278. .......................................................................... 8

    13) Rajathi v. Ganesan, AIR 1999 SC 2374. .......................................................................... 10

    14) Rattamma v. Seshachalam, AIR 1927 Mad 502. ................................................................ 8

    15) Shibli v. Jodh, (1833) 14 Lah 759....................................................................................... 8

    16) Sita v. Gopal, AIR 1928 Pat 275......................................................................................... 8

    17) Srinivasa v. Lakshmi, AIR 1928 Mad 216 ......................................................................... 7

    18) State of M.P. v. Deo Bati, AIR 1960 MP 245 .................................................................. 10

    19) Subbegonda v. Hannamma, AIR 1984 Kant 41. ............................................................... 10

    20) Thulsai v. Raghuvan, AIR 1985 Ker 20 ............................................................................. 7

    21) Venkayya v. Raghavamma, AIR 1942 Mad 1. ................................................................. 11

  • ~ 6 ~

    INTRODUCTION

    The concept of maintenance owes its allegiance to the Great Sages where it was

    inconceivable if any person more especially a woman would go unprovided for. Maintenance

    was regarded as a duty, a duty of a Hindu, which he owed to his relations and by which both,

    the person and property, were bound.

    The rules relating to maintenance were the inevitable consequence of the doctrine of unity of

    legal personality. The wife, lacking the capacity to hold property, could neither own the bare

    necessities of life nor enter into a binding contract to buy them. The husband alone had the

    right and capacity to hold all means and property. It is in the light of this basic premise that

    the various elements in the concept of alimony and maintenance took shape and developed.

    One of the principles that emerged imposed an essential obligation upon a married man to

    provide his wife with at least bare necessities.1

    The right of maintenance was a recurring right accruing from time to time and it was personal

    and nontransferable. The right to future maintenance was not attachable and was subject to

    debts which were payable out of the property against which the right of maintenance was

    being enforced. The measures for maintenance were secular and social in character aimed at

    avoiding immorality and destitution. The principles of Hindu personal law had developed in

    an evolutionary way so as to make fair provision against the destitution. Its field of operation

    is humanistic in nature although it laid down the permissible categories under its benefaction.

    Maintenance refers to payments which a husband is under an obligation to make to a wife

    either during the subsistence of the marriage or upon separation or divorce, under certain

    circumstances. This liability of the husband flows from the bond of matrimony. A wife is

    entitled to claim maintenance under the personal laws as well as under the provisions of Code

    of Criminal Procedure 1973.2

    In this project the maintenance petition is filed under Section 18 of Hindu Adoption and

    Maintenance Act 1956 therefore the law relating to it will only be discussed here.

    1 Vandana R. Aneja & Rajat Aneja, Maintenance of a Hindu Wife, http://anejaandaneja.com/MAINTENANCE

    %20OF%20A%20HINDU%20WIFE-%5B1%5D.pdf (Last viewed, February 19, 2014). 2 KUSUM, FAMILY LAW LECTURES FAMILY LAW I 213 (3rd ed., 2011).

  • ~ 7 ~

    MAINTENANCE UNDER HINDU ADOPTION & MAINTENANCE ACT

    1956

    Section 18 of this Act gives a general rule that a Hindu wife, whether married before or after

    the commencement of this Act, is entitled to be maintained by her husband during her

    lifetime. It also allows a Hindu wife to live separately from her husband without forfeiting

    her claim to maintenance provided her separate living is justified which means that the

    husband:

    1. 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;

    2. 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 her husband;

    3. is suffering from a virulent form of leprosy;

    4. has any other wife living;

    5. keeps a concubine in the same house in which his wife is living or habitually resides

    with a concubine elsewhere;

    6. has ceased to be a Hindu by conversion to another religion; or

    7. if there is any other cause justifying living separately.

    The section provides two specific bars which would disentitle a wife from claiming

    maintenance under this act, viz:

    1. if she is unchaste; or

    2. if she ceases to be a Hindu by conversion to another religion.

    Section 3(b) of this Act gives an inclusive definition of the term maintenance as follows:

    i. in all cases, provision for food, clothing, residence, education and medical attendance

    and treatment;

    ii. in the case of an unmarried daughter, also the reasonable expenses of an incidents to

    her marriage;3

    In case of unmarried daughter, maintenance even includes reasonable expenses of her

    marriage.4

    3 See also Srinivasa v. Lakshmi, AIR 1928 Mad 216 (things necessary for the comfort and status); Thulsai v.

    Raghuvan, AIR 1985 Ker 20 (includes food, clothing, residence, education, medical treatment and attendance). 4 Chandra v. Nanak, AIR 1974 Del 175.

  • ~ 8 ~

    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.5 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.6

    Under the ancient Hindu law, a wife who did not live with her husband, whatever is 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.7

    Section 18(1): 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.8 Except the husband, no other member of the

    family has any personal obligation to maintain her. A Hindu wife is entitled to be maintained

    by her husband during her lifetime.

    The husbands obligation to maintain her comes to an end only when she leaves him without

    any good cause or without his consent.9 Subsection (3) of section 18 lays down that a Hindu

    wife shall not be entitled to separate residence and maintenance from her husband is she is

    unchaste or ceased to be a Hindu by conversion to another religion. This subsection is not

    applicable to the case of wife who lives with her husband i.e. subsection (1) of Section 18, it

    only applies to the wife who lives apart from the husband under subsection (2). Therefore an

    unchaste wife, who left her husband but subsequently repented, performed expiatory rites and

    returned to live with her husband, was entitled to maintenance.10

    5 Laxmi Devi v. Nagana, AIR 1925 Mad 757; Rattamma v. Seshachalam, AIR 1927 Mad 502. 6 Parami v. Mahadevi, (1909) 34 Bom 278. 7 Section 18 of Hindu Adoption and Maintenance Act, 1956. 8 Jayanti v. Alamelu, (1904) 27 Mad 45. 9 Mutyala v. Mutyala, AIR 1958 A.P. 582. 10 Sita v. Gopal, AIR 1928 Pat 275; Shibli v. Jodh, (1833) 14 Lah 759.

  • ~ 9 ~

    Section 18(2): When the Wife Lives apart

    A wife who lives apart with the consent of the husband is entitled to maintenance. She is also

    entitled to maintenance if she lives separate from her husband for a justifiable cause. This

    subsection lays down grounds on which a wife may live separate and claim maintenance,

    these are:

    Desertion (clause a)

    Desertion as a ground for living separate is defined by section 18(2) as abandoning her

    without reasonable cause and without her consent or against her wish or of willfully

    neglecting her. The distinction between desertion as a ground for living separately and as a

    ground for judicial separation or divorce under Section 10 and 13 of Hindu Marriage Act,

    1955 is that under latter, desertion must be at least for two years of duration, while under the

    former it may be of any duration. On the ground of willful neglect by the husband, wife can

    live separately and claim maintenance.11

    Cruelty (clause b)

    Cruelty here is given the same meaning as given in Hindu Marriage Act, 1955. The legal

    conception of cruelty and the degree of cruelty necessary to afford a ground to the wife to

    claim separate maintenance and residence under the present clause has been left to be

    gathered from the general principles, and the legislature has only given a criteria i.e.

    reasonable apprehension in the mind of the wife that it will be harmful or injurious to her to

    live with her husband.12

    It may be said that to amount cruelty, there must be such willful treatment of the wife by the

    husband, which causes suffering in body or mind, whether in realization or apprehension in

    such a way so as to render cohabitation harmful or injurious, having regard to the

    circumstances of each case, keeping in view the character and condition of the parties.13

    11 Meera v. Sukumar, AIR 1994 Mad 168. 12 S.A. DESAI, MULLA: HINDU LAW, Vol II, 590 (20th ed., 2007). 13 Id.

  • ~ 10 ~

    Leprosy (clause c)

    Leprosy as a ground for separate residence may be of any duration, no period is prescribed,

    but it must be existing at the time when the claim for separate residence and maintenance is

    made, it may have been existing before the marriage or it may have come into existence

    shortly before the claim is made.

    Another wife is living (clause d)

    Any wife can claim for separate residence and maintenance provided one more wife is living

    at the time when the claim is made.14

    It is also immaterial that the wife had consented to the

    second marriage of the husband.15

    A wife is entitled to separate residence and maintenance

    under this clause where the other wife is alive, and it is not necessary that the latter should

    have been or is living with the husband.16

    It is also essential that both the marriages of the

    husband are valid.17

    Keeps a concubine (clause e)

    If the husband keeps a concubine in the same house in which his wife is living or habitually

    resides with a concubine elsewhere, he performs the extreme forms of living in adultery. In

    either case the wife is entitled to live separately and claim maintenance from her husband.18

    Conversion (clause f)

    In the present context conversion means the husband has voluntarily relinquished his religion

    and adopted another religion after a formal ceremonial conversion. A Hindu does not cease to

    be a Hindu merely because he professes a theoretical allegiance to another faith or is ardent

    admirer and advocate of such religion and its practices. However, if he abdicates his religion

    by a clear act of renunciation and adopts the other religion, he would cease to be a Hindu

    within the meaning of this clause.19

    14 Gopin v. Anta Lal, AIR 1958 Pat 613; State of M.P. v. Deo Bati, AIR 1960 MP 245. 15 Jadumani v. Kumudini, AIR 1986 Ori 10. 16 Katawati v. Ratan, AIR 1960 All 601. 17 Subbegonda v. Hannamma, AIR 1984 Kant 41. 18 Rajathi v. Ganesan, AIR 1999 SC 2374. 19 S.A. DESAI, MULLA: HINDU LAW, Vol II, 596 (20th ed., 2007).

  • ~ 11 ~

    Any other justifiable clause (clause g)

    This is a residuary clause. The conduct of the husband should be such that, in the opinion of

    the court, the wife has grave and weighty or grave and convincing reason for withdrawing

    from the society of the husband, and it would amount to a justifiable cause. It is submitted

    that all those cases where the court may refuse husbands petition for restitution of conjugal

    rights will be covered under this clause entitling a wife to claim separate residence and

    maintenance from the husband.20

    Section 18(3): Forfeiture of the claim of Maintenance

    A wife entitled to separate residence and maintenance may forfeit her claim in the following

    three cases:

    i. An. unchaste wife has no right to claim separate residence and maintenance,

    ii. A wife who has ceased to be a Hindu by conversion to another religion has no right to

    claim maintenance.

    Once a view was that when the wife who had resumed cohabitation with her husband forfeits

    her claim for separate residence and maintenance, because the pre-condition of the claim is

    that the wife is living separately from her husband, if that pre-condition ceases to exist, the

    wife cannot continue to claim maintenance.21

    But in Meenakshi v. Muthukrishna,22

    the court

    said that just because the wife had sexual intercourse with her husband, while she continued

    to live separate from her husband, may not extinguish the decree for separate maintenance.

    Similarly, in Dattu v. Tarabai,23

    the court observed that by mere resumption of cohabitation,

    the order of maintenance passed under Section 18(2) does not terminate. It is submitted that

    these are correct. So long as the basis of separate living is not extinguished, she will be

    entitled to live separate and claim maintenance.24

    20 Kesharbai v. Haribhan, 1974 Mah L.J. 924. 21 Venkayya v. Raghavamma, AIR 1942 Mad 1. 22 AIR 1961 Mad 380. 23 AIR 1985 Bom 106. 24 PARAS DIWAN, MODERN HINDU LAW 453 (20th ed., 2009).

  • ~ 12 ~

    PLEADINGS FOR MAINTENANCE UNDER SECTION 18

    Plaint:

    In the Court of District Family Judge

    Raipur

    Petition No. _____, 2014

    A w/o B, 32 Years,

    R/o Plot- 21, Street- 7,

    Malviya Nagar, Raipur Petitioner

    Versus

    B s/o X, 33 Years,

    R/o Plot- 29, Street- 21,

    Nehru Nagar, Raipur Non-Petitioner

    Subject: - Under Section 18 of Hindu Adoption and Maintenance Act, 1956.

    The above named petitioner submits as follows: -

    1) That the petitioner got married to married to the non-petitioner on 2nd June 2009 at

    Raipur. The marriage was solemnized by performing all the necessary ceremonies

    required for the valid marriage under Hindu Marriage Act 1955.

    2) That the petitioner and non-petitioner after marriage lived together in their

    matrimonial home with utmost desire and satisfaction for one year by performing all

    the conjugal rights and ceremonies.

    3) That the non-petitioner soon after the marriage started demanding dowry from the

    petitioner and her family. The non-petitioner even started physically beating for non-

    fulfillment of continuous demand of dowry, hence treated the petitioner with cruelty.

    4) That the act of non-petitioner amounts to such cruelty as to cause a reasonable

    apprehension in petitioners mind that it will be harmful or injurious to live with her

    husband.

  • ~ 13 ~

    5) That the act of non-petitioner amounts to cruelty towards the petitioner and therefore

    becomes a ground to live separately and claim maintenance from the non-petitioner.

    6) That the cause of action has been arose because of the act of cruelty being done upon

    the petitioner by the non-petitioner, hence the petitioner has a right to file a petition

    for maintenance on ground of cruelty.

    7) That the court has jurisdiction to hear the case.

    8) That the petition has been filed within the prescribed period of limitation.

    9) That the court fee has been paid.

    Prayer

    The petitioner, therefore, prays for the judgment and decree as under:

    1) A decree in her favour of petitioner for separate residence and maintenance of Rupees

    Fifteen Thousand per month.

    2) Costs of suit be also awarded.

    3) And or any other relief be granted that be deemed fit and proper in this case.

    Signature

    Date: 1.03.2014 Petitioner ____________

    Place: Raipur Advocate_____________

    Verification

    I A do hereby declare on oath that the contents of paragraphs 1 6 are true to the

    best of my knowledge and the contents of paragraphs 7 9 are believed to be true on the

    basis of information given to me by the learned counsel.

    God help me, nothing is escaped and nothing is false.

    Signature

    Date: 1.03.2014 Petitioner ____________

    Place: Raipur

  • ~ 14 ~

    Affidavit in support of Plaint:

    In the Court of District Family Judge

    Raipur

    Petition No. _____, 2014

    A w/o B, 32 Years,

    R/o Plot- 21, Street- 7,

    Malviya Nagar, Raipur Petitioner

    Versus

    B s/o X, 33 Years,

    R/o Plot- 29, Street- 21,

    Nehru Nagar, Raipur Non-Petitioner

    Subject: - Under Section 18 of Hindu Adoption and Maintenance Act, 1956.

    I, the above named petitioner, states on oath:

    1) That I am the petitioner in the present case.

    2) That the plaint has been drafted by my counsel under my instructions and has been

    explained to me by him and I have understood the contents of the plaint properly.

    3) That the contents of paragraphs 1 6 are true to the best of my knowledge and the

    contents of paragraphs 7 9 are believed to be true on the basis of information given

    to me by my learned counsel.

    Signature of Deponent

    Verification

    I, deponent, declares on oath that the contents of paragraphs 1 3 are true to the best of my

    knowledge and nothing has been escaped and false.

    Date: 1.03.2014 Signature of Deponent

    Place: Raipur

  • ~ 15 ~

    Written Statement:

    In the Court of District Family Judge

    Raipur

    Petition No. _____, 2014

    A w/o B, 32 Years,

    R/o Plot- 21, Street- 7,

    Malviya Nagar, Raipur Petitioner

    Versus

    B s/o X, 33 Years,

    R/o Plot- 29, Street- 21,

    Nehru Nagar, Raipur Non-Petitioner

    Subject: - Under Order VIII of Civil Procedure Code, 1908.

    The above named non-petitioner submits as follows: -

    1) That the contents of Para 1 of the plaint are admitted.

    2) That the contents of Para 2 of the plaint are admitted.

    3) That the contents of Para 3 of the plaint are not admitted. The non-petitioner never

    demanded dowry from either the petitioner or her parents. There was no such act of

    physical assault of the petitioner by the non-petitioner instead they are happily living

    together in their matrimonial home.

    4) That the contents of Para 4 of the plaint are denied. As there was no such act of

    cruelty so as to cause reasonable apprehension in petitioners mind that it will be

    harmful or injurious to live with her husband, the petitioner is in very much capacity

    to live together with non-petitioner in their matrimonial home.

    5) That the contents of Para 5 are denied. There is no act of cruelty towards the

    petitioner and therefore there is no ground to live separately and claim maintenance

    from the non-petitioner.

  • ~ 16 ~

    6) That the contents of Para 6 are not admitted. There does not arise any cause of action

    so the petitioner does not have any right to file a petition for maintenance.

    7) That the contents of Para 7 are admitted.

    8) That the contents of Para 8 are admitted.

    9) That the contents of Para 9 are admitted.

    Prayer

    The non-petitioner, therefore, prays for the judgment and decree as under:

    1) A decree in favour of non-petitioner denying any kind of maintenance to the

    petitioner.

    2) Costs of suit be also awarded.

    3) And or any other relief be granted that be deemed fit and proper in this case.

    Signature

    Date: 16.03.2014 Non-Petitioner _____________

    Place: Raipur Advocate _____________

    Verification

    I B do hereby declare on oath that the contents of paragraphs 1 6 are true to the

    best of my knowledge and the contents of paragraphs 7 9 are believed to be true on the

    basis of information given to me by the learned counsel.

    God help me, nothing is escaped and nothing is false.

    Signature

    Date: 16.03.2014 Non-Petitioner ____________

    Place: Raipur

  • ~ 17 ~

    Affidavit in support of Written Statement:

    In the Court of District Family Judge

    Raipur

    Petition No. _____, 2014

    A w/o B, 32 Years,

    R/o Plot- 21, Street- 7,

    Malviya Nagar, Raipur Petitioner

    Versus

    B s/o X, 33 Years,

    R/o Plot- 29, Street- 21,

    Nehru Nagar, Raipur Non-Petitioner

    Subject: - Under Order VIII of Civil Procedure Code, 1908.

    I, the above named non-petitioner, states on oath:

    1) That I am the non-petitioner in the present case.

    2) That the written statement has been drafted by my counsel under my instructions and

    has been explained to me by him and I have understood the contents of the written

    statement properly.

    3) That the contents of paragraphs 1 6 are true to the best of my knowledge and the

    contents of paragraphs 7 9 are believed to be true on the basis of information given

    to me by my learned counsel.

    Signature of Deponent

    Verification

    I, deponent, declares on oath that the contents of paragraphs 1 3 are true to the best of my

    knowledge and nothing has been escaped and false.

    Date: 1.03.2014 Signature of Deponent

    Place: Raipur

  • ~ 18 ~

    CONCLUSION

    The right of wife to claim maintenance from husband is an important feature of Hindu Law

    which has been derived from our ageold traditions and customs, Dharamshastras and

    Shastric Hindu Law. The birth of this valuable right has its logic in the corresponding rights

    and duties of husband and the wife. It is not only the husband who shoulders the

    responsibility of maintaining his wife and children besides providing them with love, warmth

    and affection. The wife has an equal duty to perform in the matrimonial household, foremost

    among which lies in her sincerity and integrity with the husband. Moreover, she has an

    equally important task of sharing the feelings of love, sorrow and happiness with her

    husband.

    The remedies provided to a wife under the Hindu Law to claim maintenance from her

    husband has its roots in three different enactments: Hindu Marriage Act 1955; Hindu

    Adoption and Maintenance Act 1956; and Code of Criminal Procedure 1973. Section 18 of

    Hindu Adoption and Maintenance Act 1956 provides an independent and substantive remedy

    to a Hindu wife to lay a claim for maintenance against her husband. This provision confers an

    important right to the wife to claim any amount of maintenance against her husband, subject

    of course, to the factors to be considered while awarding the quantum. However, there is no

    ceiling limit on the amount of claim to be made. It is dependent upon the social environment

    to which the parties belong and other relevant factors.

    This project dealt with all the relevant laws relating to maintenance under Section 18 of

    Hindu Adoption and Maintenance Act 1956 and also discussed a specimen of the petition

    which needs to be filed by the wife before the District Family Judge.

  • ~ 19 ~

    BIBLIOGRAPHY

    Books:

    1) DR. AMIT SEN, LEAGAL LANGUAGE, LEGAL WRITING AND LEGAL DRAFTING, Kamal Law

    House (2nd ed., 2006).

    2) KS GOPALAKRISHNANS, PLEADINGS AND PRACTICE, ALT Publications (2004).

    3) KUSUM, FAMILY LAW LECTURES FAMILY LAW I, Lexis Nexis Butterworths (3rd ed.,

    2011).

    4) MAYNES, HINDU LAW AND USAGE, Bharat Law House (16th ed., 2012).

    5) MURALI MANOHAR, CONVEYANCING AND PLEADING, Eastern Book Company (2nd ed.,

    2004).

    6) PARAS DIWAN, MODERN HINDU LAW, Allahbad Law Agency (20th ed., 2009).

    7) S.A. DESAI, MULLA: HINDU LAW, Vol II, Lexis Nexis Butterworths (20th ed., 2007).

    8) S.R. MYNENI, DRAFTING, PLEADING & CONVEYANCING, Asia Law House (2008).

    Article:

    1) Vandana R. Aneja & Rajat Aneja, Maintenance of a Hindu Wife,

    http://anejaandaneja.com/MAINTENANCE%20OF%20A%20HINDU%20WIFE-

    %5B1%5D.pdf (Last viewed, February 19, 2014).