The Grounds Under which Wife can Claim Maintenance while Living Separately

    Edited by: Vaani Garg

    The grounds under which wife can claim maintenance though living separately

    In Hindu law ,after solemnization of marriage both husband and wife are legally bound in matrimonial relationship and they have to live under the same roof. The wife is not entitled from her husband unless she proves that there is a misconduct or refusal to maintain her in his own place of residence or other reasons in which the wife is compelled to live separately from the husband.

    The grounds under which wife can claim maintenance though living separately

    The grounds under which wife can claim maintenance though living separately are:-

    1.Desertion by the husband: In this case, if wife has prove some facts are:-

    (a)-The husband has abandoned her

    (b)-He has done so without any reasonable cause and without her consent

    (c)-He is guilty of neglecting her

    If wife proves these facts she is compelled to live separately and can claim maintenance.

    The grounds under which wife can claim maintenance though living separately

    2.Cruelty : Cruelty is a conduct of such a character as to cause danger to life, limb or health, bodily or mental,or as to give rise to reasonable apprehension of such danger. In this case also wife can claim maintenance.

    The grounds under which wife can claim maintenance though living separately

    3.Husband suffering from leprosy: Wife declined to live with her husband on the grounds that he suffers from leprosy. Here the wife is entitled to get maintenance as there is always a danger for her to be infected with it.

    4.Having another wife living: Wife is entitled to get maintenance where the husband has another wife living.

    5.Husband keeping a concubine: To claim Separate residence and maintenance, the wife has to prove the following facts:

    (a) her husband keeps a concubine

    (b) the concubine lives in the same house as her

    6.Other justifying cause: This is a residual clause and empowers the court to give a Hindu wife such relief which she may be entitled to if it does not fall under any of the clauses mentioned above.

    The grounds under which wife can claim maintenance though living separately

    The grounds under which wife can claim maintenance though living separately