Maintenance of wife/widowed daughter in law- LawyersThink

Maintenance Legacy 

Maintenance of wife. 

(1) Subject to the provisions of this Act, a Hindu wife, who is married before or after the commencement of this Act, shall be entitled to be retained by her husband during her lifetime. 

(2) A Hindu wife shall have the right to abstain from her husband, which would disprove her maintenance claim, - 

(a) If she is guilty of desolation, she says, to leave her unqualified reasonable cause  For and against his will or against his will, or willfully neglecting him, 

(b) if he has treated her with such cruelty to instill in her mind a reasonable apprehension that it would be injurious or injurious to live with her husband;  

(C) if he is suffering from leprosy;  

(D) if he has a second wife;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides in another place; 

(f) If he has ceased to be a Hindu by convertion to another religion;  

(g) If there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to live and maintain a separation from her husband if she is unwell or is not a Hindu by conversion from any other person.

Maintenance of widowed daughter - in - law.-

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father - in - law: 

Provided and  to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance, 

(a) from the estate of her husband or her father or mother,  or 

(b) from her son or daughter, if any, or his or her estate. 

(2) Any obligation under sub - section 

(i) shall not be enforceable if the father - in law has not the means to do so from any coparcenary property in his possession out of which the daughter - in - law has not obtained any share  , and any such obligation shall cease on the re - marriage of the daughter - in - law