Legal Question in Family Law in India

Re: Burden of proof in maintenance application u/s 18(1) of Hindu Adoption and

Dear Client,

Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, the right conferred by sub-section (1) is subject to other provisions of the said section. It would, therefore, not be proper to read sub-section (1) to mean that the right of maintenance of the wife is subject to the provisions of Sub-section (3) and not subject to Sub-section (2). It, therefore, follows that a wife would lose her right of maintenance if she lives separate from her husband without the existence of any of the grounds or reasons mentioned in sub-section (2). In other words, the wife would be entitled to separate residence and maintenance if her separate living is justified by one or more of the grounds mentioned in sub-section (2). Further, she would not be entitled to any maintenance if she is unchaste or ceases to be a Hindu by conversion to another religion, though she might have sufficient justification to live separately from her husband having any of the grounds as mentioned in sub-section (2) of Section 18 of the Act.

In your case, your wife has to establish in the suit filed by her that she is entitled to live separately and claim maintenance as her husband (you) is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of willfully neglecting her; or

As her 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 her husband; or

As there is any other cause justifying her living separately.

But during the pendency of the application for maintenance under Section 18, court can grant interim maintenance, if it is considered proper, as the power to make interim order for maintenance is implicit in the section.

Re: Burden of proof in maintenance application u/s 18(1) of Hindu Adoption and

insted of fighting the cases in all the aspect please concentrate on the main divorce petition and try speed up the trail in that. you can explain to the family court that the other petitions are only to harass you and all the remidies avilable in the divorce petition itself. or you can move highcourt to stay all the proceedings till the dispossal of the divorce petition. for details contace [email protected]