JUDGMENT

Raj Mohan Singh, J. - Petitioner has assailed the order dated 30.10.2017 passed by the District Judge-cum-Family Court, District Shaheed Bhagat Singh Nagar, whereby the suit under Section 18 of Hindu Adoption and Maintenance Act (hereinafter to be referred to as 'the Act') for grant of maintenance to the plaintiff and for declaring the charge on the land/residential house was dismissed.

2. Perusal of the impugned order shows that the same was passed on the premise that under Section 18 of the Act, a Hindu wife can claim maintenance from her husband during subsistence of marriage. The basic spirit of the Section is sustaining and preserving the matrimonial status. If marriage is subsisting, then wife is entitled to claim maintenance from her husband under Section 18 of the Act. In case of divorce, the relief can only be claimed under the provisions of Hindu Marriage Act, 1955 as permanent alimony. The factum of divorce by the foreign Court was noticed and it was held that in the event of status of the petitioner being a divorcee, her remedy to seek maintenance under Section 18 of the Act is not maintainable and she can have recourse to the provision under the Hindu Marriage