Legal Question in Family Law in India
Both of us are Hindu, marriage held at a kovil, having a 4 year old kid. Wife got converted to Penthacost (a sub division of christianity). I have filed a divorce and child custody. Wife is asking for maintenance. In the family court a order has been passed to give 8000 to wife and 4000 for kid. I am ready to give to kid.
My doubt is as per Hindu Adoptions And Maintenance Act, 1956, Claimant to maintenance should be a Hindu. No person shall be entitled to claim maintenance under this chapter if he or she has ceased to be a Hindu by conversion to another religion.
WHEN THERE IS A LAW STATING THE ABOVE CLEARLY WHY A COURT HAS PASSED SUCH AN ORDER, ISN'T IT WRONG? WILL I GET A RELIEF IF I GO TO HIGH COURT?
2 Answers from Attorneys
The ball is before court so no one can give opinion in this regard. Ur claim may succeed.
Has she claimed maintenance under HAMA 1956 or any other Act and if she had claimed maintenance under HAMA have you plead and proved her conversion to christianity in court?
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