AI Overview...
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Wife's Entitlement to Maintenance - A wife is generally entitled to maintenance from her husband under Section 125 of CrPC and the Hindu Marriage Act, provided she is unable to maintain herself. However, if she refuses to live with her husband without sufficient reason, she may be disqualified from claiming maintenance Tarak Nath Biswas VS State of W. B. - Calcutta.
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Wife's Ability to Maintain Herself - Under Section 488 of the Indian Penal Code (1898), a wife is only entitled to maintenance if she is unable to maintain herself, implying self-sufficiency can be a disqualifying factor PURMA BAHADUR BISTA VS SANTA BISTA - Sikkim.
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Competency to Claim Maintenance Despite Marriage Validity - Even if a marriage is void or voidable, a wife may still claim maintenance under the Hindu Adoption and Maintenance Act, 1956, if she is unable to maintain herself. For example, a wife in a void marriage was held entitled to maintenance Narinder Pal Kaur Chawla VS Manjeet Singh Chawla - Delhi.
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Maintenance After Remarriage and Multiple Marriages - A wife who remarries or marries another before the first marriage is dissolved may lose her right to maintenance. Similarly, a second wife is generally not entitled to maintenance under Section 125 if her marriage is void or not legally valid A. Annamalai Mudaliar VS Perumaves Ammal - Madras, Naurang Singh Chuni Singh VS Sapla Devi - Allahabad.
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Maintenance of Children and Other Dependents - Unmarried major daughters are entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956, but a second wife not recognized as a legally wedded wife is not entitled to maintenance Raj Rani VS Om Kumar Kaushik - Punjab and Haryana.
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Effect of Marriage Validity on Maintenance Claims - Women in void marriages are not entitled to maintenance under the Hindu Marriage Act, but they may claim under the Hindu Adoption and Maintenance Act if they are unable to maintain themselves ABBAYOLLA M. SUBBA REDDY VS PADMAMXNA - Andhra Pradesh, Paresh Chaturbhai Patel VS Kokilaben Manilal Patel - Gujarat.
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Key Insight - The entitlement of a wife to maintenance largely depends on her legal status as a wife, her ability to maintain herself, and the validity of the marriage. A wife who is competent to maintain herself and/or in a void or invalid marriage may not be entitled to maintenance under the Hindu Marriage Act but might claim under other statutes if she is unable to sustain herself Tarak Nath Biswas VS State of W. B. - Calcutta, Narinder Pal Kaur Chawla VS Manjeet Singh Chawla - Delhi, Naurang Singh Chuni Singh VS Sapla Devi - Allahabad.
Analysis and Conclusion:
A wife who is competent to maintain herself typically cannot claim maintenance under the Hindu Marriage Act or Section 125 CrPC. The law emphasizes her inability to maintain herself as a prerequisite for entitlement. Additionally, if her marriage is void or she refuses to cohabit without sufficient cause, her claim may be denied. The legal framework distinguishes between valid, void, and voidable marriages, affecting maintenance rights accordingly.
Search Results for "Wife Competent to Maintain herself Not Entitled for Maintenance under Hindu Marriage Act"
2002 0 Supreme(Cal) 138 • India - Calcutta
Pradip Kumar Biswas
MAINTENANCE - SECTION 125 CrPC - SECTION 13(1) (1A) HINDU MARRIAGE ACT - [1] A wife is entitled to maintenance from her husband ... A wife who refuses to live with her husband without sufficient reason is not entitled to maintenance under section 125 CrPC. 2. ... husband without sufficient reason is not entitled to maintenance under section 125 CrPC. [3] A crimi....
1983 0 Supreme(Sikk) 11 • India - Sikkim
A.M.BHATTACHARJEE
P.C. 1898 - Section 488 – Difference - Under 1973 Code wife is entitled to maintenance only if she is unable to maintain herself-No ... on the ground that it is an intercaste marriage - As Hindu Marriage Validity Act and Hindu Marriage Act are not applicable in Sikkim ... by the petitioner alleging that the respondent is not his wife and any way the amount of #H....
2007 0 Supreme(Del) 2066 • India - Delhi
A.K.SIKRI, ARUNA SURESH
wedded wife, could not claim maintenance under Section 18 of the Act. ... 18 of the Hindu Adoption and Maintenance Act. ... Ratio Decidendi: The court held that the appellant, despite the void nature of her marriage, was entitled to claim maintenance ... The wife related by such marriage was treated to be entitled under Sec. 25 of that Act to ....
1963 0 Supreme(Mad) 427 • India - Madras
S.RAMACHANDRA.IYER, RAMAKRISHNAN
)-Wife claiming right to separate residence and maintenance after solemnization of another marriage by husband before coming into ... Hindu Adoptions and Maintenance Act, 1956-Section18 (2)-Scope of applicability of Act, 1946-Section 2 and Act, 1955-Section 13 (2 ... force of Act, 1955. ... Section 18 of the Hindu Adoptions and Maintenance Act (Act 78 of 1956) i....
2011 0 Supreme(Bom) 1390 • India - Bombay
A.P.BHANGALE
Where husband, denying paternity of minor child, not agitated said question for determination before any competent Court therefore ... therefore quantum of maintenance cannot be disturbed. ... CRIMINAL PROCEDURE CODE, 1973 - Section 125 - Grant of maintenance. ... At the same time, learned Counsel for the applicant does not dispute that till her remarriage, divorced wife Maya would be entitled to claim maintenance, but according to learned Counsel....
2018 0 Supreme(P&H) 1039 • India - Punjab and Haryana
JAISHREE THAKUR
The court found that the second wife was not entitled to maintenance under section 125, but the unmarried major daughter was entitled ... However, the unmarried major daughter was entitled to claim maintenance under the Hindu Adoption And Maintenance Act 1955. ... Ratio Decidendi: The court held that the second wife was not entitled to maintenance#HL_....
2017 0 Supreme(Guj) 961 • India - Gujarat
J.B.PARDIWALA
, 1951--- Section 135--- Hindu Marriage Act, 1955--- Section 13--- Hindu Adoption and Maintenance Act, 1956--- Section 18--- Code ... wife entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973, despite the fact that a decree of ... divorced wife if she is unable to maintain herself and he has sufficient means--- As in the case of marriage dissolved under Sec ... I....
1998 0 Supreme(AP) 477 • India - Andhra Pradesh
A.HANUMANTHU
Act not entitled to invoke provisions under Sec.25 of the Act - Since marriage of respondent is void ad initio, she is not entitled ... is valid under provisions of Hindu Marriage Act alone is entitled to claim maintenance from her husband and women whose marriage ... parties - Words “Hindu wife” appearing in Sec.18 of Hindu A....
2010 0 Supreme(Del) 142 • India - Delhi
VIKRAMAJIT SEN, SUNIL GAUR
Held the spouse seeking maintenance is entitled to such maintenance as required to maintain the same status as she or he enjoyed ... A) Hindu Adoptions and Maintenance Act, 1956, Sections 18, 20 and 23:- Maintenance sought under these section by the wife – Territorial ... ... B) Hindu Adoptions and Maintenance Act, 1956, Sections 18, 20 and ... One important factor is that a no....
1968 0 Supreme(All) 71 • India - Allahabad
R.CHANDRA, K.C.PURI
and Sapla Devi was void under Section 5(1) and 11 of the Hindu Marriage Act, 1955, and hence, Sapla Devi was not entitled to maintenance ... Therefore, Sapla Devi was not a legally wedded wife and was not entitled to claim maintenance from Naurang Singh under Section 488 ... Since Sapla Devi was not a legally wedded wife, she was not entitled t....
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