Maintenance of Wife/Childrens/Parents U/S 24 of HMA
The obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Under the Code of Criminal Procedure, 1973 (2 of 1974), the right of maintenance extends not only to the wife and dependent children but also to indigent parents and divorced wives. Claim of the wife, etc., however, depends on the husband having sufficient means. Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity.
Grounds for the award of maintenance:-
Only upon proving that at least one of the grounds mentioned under the Act, exists in the favour of the wife, maintenance is granted. These grounds are as follows:
a. The husband has deserted her or has willfully neglected her;
b. The husband has treated her with cruelty;
c. The husband is suffering from a virulent form of leprosy/venereal diseases or any other infectious disease;
d. The husband has any other wife living;
e. The husband keeps the concubine in the same house as the wife resides or he habitually resides with the concubine elsewhere;
f. The husband has ceased to a Hindu by conversion to any other religion;
g. Any other cause justifying her separate living;
We give our best to get financial help for the needy spouse, children and parents. It is our duty to give you the right guidance and direction so that you may take action accordingly.