Professional Documents
Culture Documents
MAINTENANCE
UNDER
Project submitted by
B. Jayant Kumar
(Roll no.-30)
(Section-A, Sem-VIII)
TABLE OF CONTENTS
Acknowledgements ......................................................................................................................... 3
Objectives ....................................................................................................................................... 4
Research Methodology ................................................................................................................... 4
Table of Cases ................................................................................................................................. 5
Introduction ..................................................................................................................................... 6
Maintenance under Hindu Adoption & Maintenance Act 1956 ..................................................... 7
Section 18(1): When Wife Lives with Husband ......................................................................... 8
Section 18(2): When the Wife Lives apart .................................................................................. 9
Desertion (clause a) ................................................................................................................. 9
Cruelty (clause b)..................................................................................................................... 9
Leprosy (clause c).................................................................................................................. 10
Another wife is living (clause d) ........................................................................................... 10
Keeps a concubine (clause e)................................................................................................. 10
Conversion (clause f) ............................................................................................................. 10
Any other justifiable clause (clause g) .................................................................................. 11
Section 18(3): Forfeiture of the claim of Maintenance ............................................................. 11
Pleadings for maintenance under Section 18 ................................................................................ 12
Plaint: ........................................................................................................................................ 12
Affidavit in support of Plaint: ................................................................................................... 14
Written Statement:..................................................................................................................... 15
Affidavit in support of Written Statement: ............................................................................... 17
Conclusion .................................................................................................................................... 18
Bibliography ................................................................................................................................. 19
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ACKNOWLEDGEMENTS
I feel highly elated to work on the topic Drafting of Pleading for Maintenance under
Section 18 of Hindu Adaption and Maintenance Act, 1956.
The practical realization of this project has obligated the assistance of many persons. I
express my deepest regard and gratitude for Dr. Swati Mehta, Faculty of DPC. Her consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
understanding and carrying out the nuances of the project report.
I would like to thank my family and friends without whose support and encouragement, this
project would not have been a reality.
I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and through Internet.
Some printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project report.
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B. Jayant Kumar
OBJECTIVES
1. To understand the provisions regarding Maintenance of Wife under Hindu Adoption
and Maintenance Act, 1956.
2. To discuss the conditions requisite for claiming maintenance from a husband.
3. To draft a Plaint and Written Statement for maintenance on behalf of wife and
husband respectively.
RESEARCH METHODOLOGY
Nature of research work: This project Drafting of Pleading for Maintenance under Section
18 of Hindu Adaption and Maintenance Act, 1956 is a Doctrinal work. Doctrinal research
includes studying books and established literature and not actually going to the field and
doing empirical research.
Source of research work: The sources of this project are both primary (bare acts, statutes, etc)
and secondary sources (books given by different authors, journals, internet, etc).
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TABLE OF CASES
Cases
1) Chandra v. Nanak, AIR 1974 Del 175. ............................................................................... 7
2) Dattu v. Tarabai ............................................................................................................... 11
3) Gopin v. Anta Lal, AIR 1958 Pat 613 .............................................................................. 10
4) Jadumani v. Kumudini, AIR 1986 Ori 10. ........................................................................ 10
5) Jayanti v. Alamelu, (1904) 27 Mad 45. .............................................................................. 8
6) Katawati v. Ratan, AIR 1960 All 601. .............................................................................. 10
7) Kesharbai v. Haribhan, 1974 Mah L.J. 924 ...................................................................... 11
8) Laxmi Devi v. Nagana, AIR 1925 Mad 757 ....................................................................... 8
9) Meenakshi v. Muthukrishna .............................................................................................. 11
10) Meera v. Sukumar, AIR 1994 Mad 168. ............................................................................. 9
11) Mutyala v. Mutyala, AIR 1958 A.P. 582. ........................................................................... 8
12) Parami v. Mahadevi, (1909) 34 Bom 278. .......................................................................... 8
13) Rajathi v. Ganesan, AIR 1999 SC 2374. .......................................................................... 10
14) Rattamma v. Seshachalam, AIR 1927 Mad 502. ................................................................ 8
15) Shibli v. Jodh, (1833) 14 Lah 759....................................................................................... 8
16) Sita v. Gopal, AIR 1928 Pat 275......................................................................................... 8
17) Srinivasa v. Lakshmi, AIR 1928 Mad 216 ......................................................................... 7
18) State of M.P. v. Deo Bati, AIR 1960 MP 245 .................................................................. 10
19) Subbegonda v. Hannamma, AIR 1984 Kant 41................................................................ 10
20) Thulsai v. Raghuvan, AIR 1985 Ker 20 ............................................................................. 7
21) Venkayya v. Raghavamma, AIR 1942 Mad 1. ................................................................. 11
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INTRODUCTION
The concept of maintenance owes its allegiance to the Great Sages where it was
inconceivable if any person more especially a woman would go unprovided for. Maintenance
was regarded as a duty, a duty of a Hindu, which he owed to his relations and by which both,
the person and property, were bound.
The rules relating to maintenance were the inevitable consequence of the doctrine of unity of
legal personality. The wife, lacking the capacity to hold property, could neither own the bare
necessities of life nor enter into a binding contract to buy them. The husband alone had the
right and capacity to hold all means and property. It is in the light of this basic premise that
the various elements in the concept of alimony and maintenance took shape and developed.
One of the principles that emerged imposed an essential obligation upon a married man to
provide his wife with at least bare necessities.1
The right of maintenance was a recurring right accruing from time to time and it was personal
and nontransferable. The right to future maintenance was not attachable and was subject to
debts which were payable out of the property against which the right of maintenance was
being enforced. The measures for maintenance were secular and social in character aimed at
avoiding immorality and destitution. The principles of Hindu personal law had developed in
an evolutionary way so as to make fair provision against the destitution. Its field of operation
is humanistic in nature although it laid down the permissible categories under its benefaction.
Maintenance refers to payments which a husband is under an obligation to make to a wife
either during the subsistence of the marriage or upon separation or divorce, under certain
circumstances. This liability of the husband flows from the bond of matrimony. A wife is
entitled to claim maintenance under the personal laws as well as under the provisions of Code
of Criminal Procedure 1973.2
In this project the maintenance petition is filed under Section 18 of Hindu Adoption and
Maintenance Act 1956 therefore the law relating to it will only be discussed here.
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See also Srinivasa v. Lakshmi, AIR 1928 Mad 216 (things necessary for the comfort and status); Thulsai v.
Raghuvan, AIR 1985 Ker 20 (includes food, clothing, residence, education, medical treatment and attendance).
4
Chandra v. Nanak, AIR 1974 Del 175.
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The obligation of the husband to maintain his wife does not arise out of any contract, express
or implied, but out of the status of marriage, out of the jural relationship of husband and wife
created by the performance of the marriage.5 The obligation of the husband to maintain his
wife begins with marriage. It is irrespective of the fact whether he has or has no property.
Hindu law-givers did not deny maintenance even to an unchaste wife, provided she continued
to live with her husband though in such a case she was entitled to starving maintenance.6
Under the ancient Hindu law, a wife who did not live with her husband, whatever is the cause
was not entitled to maintenance. But gradually law developed and it came to be established
that a wife living separate from her husband for some justifiable cause can claim
maintenance.7
Section 18(1): When Wife Lives with Husband
A wife who resides with her husband must be maintained by him. It cannot be a valid ground
to refuse maintenance that his financial condition is not good. The obligation of the husband
to maintain his wife is a personal obligation.8 Except the husband, no other member of the
family has any personal obligation to maintain her. A Hindu wife is entitled to be maintained
by her husband during her lifetime.
The husbands obligation to maintain her comes to an end only when she leaves him without
any good cause or without his consent.9 Subsection (3) of section 18 lays down that a Hindu
wife shall not be entitled to separate residence and maintenance from her husband is she is
unchaste or ceased to be a Hindu by conversion to another religion. This subsection is not
applicable to the case of wife who lives with her husband i.e. subsection (1) of Section 18, it
only applies to the wife who lives apart from the husband under subsection (2). Therefore an
unchaste wife, who left her husband but subsequently repented, performed expiatory rites and
returned to live with her husband, was entitled to maintenance.10
Laxmi Devi v. Nagana, AIR 1925 Mad 757; Rattamma v. Seshachalam, AIR 1927 Mad 502.
Parami v. Mahadevi, (1909) 34 Bom 278.
7
Section 18 of Hindu Adoption and Maintenance Act, 1956.
8
Jayanti v. Alamelu, (1904) 27 Mad 45.
9
Mutyala v. Mutyala, AIR 1958 A.P. 582.
10
Sita v. Gopal, AIR 1928 Pat 275; Shibli v. Jodh, (1833) 14 Lah 759.
6
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11
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Leprosy (clause c)
Leprosy as a ground for separate residence may be of any duration, no period is prescribed,
but it must be existing at the time when the claim for separate residence and maintenance is
made, it may have been existing before the marriage or it may have come into existence
shortly before the claim is made.
Another wife is living (clause d)
Any wife can claim for separate residence and maintenance provided one more wife is living
at the time when the claim is made.14 It is also immaterial that the wife had consented to the
second marriage of the husband.15 A wife is entitled to separate residence and maintenance
under this clause where the other wife is alive, and it is not necessary that the latter should
have been or is living with the husband.16 It is also essential that both the marriages of the
husband are valid.17
Keeps a concubine (clause e)
If the husband keeps a concubine in the same house in which his wife is living or habitually
resides with a concubine elsewhere, he performs the extreme forms of living in adultery. In
either case the wife is entitled to live separately and claim maintenance from her husband.18
Conversion (clause f)
In the present context conversion means the husband has voluntarily relinquished his religion
and adopted another religion after a formal ceremonial conversion. A Hindu does not cease to
be a Hindu merely because he professes a theoretical allegiance to another faith or is ardent
admirer and advocate of such religion and its practices. However, if he abdicates his religion
by a clear act of renunciation and adopts the other religion, he would cease to be a Hindu
within the meaning of this clause.19
14
Gopin v. Anta Lal, AIR 1958 Pat 613; State of M.P. v. Deo Bati, AIR 1960 MP 245.
Jadumani v. Kumudini, AIR 1986 Ori 10.
16
Katawati v. Ratan, AIR 1960 All 601.
17
Subbegonda v. Hannamma, AIR 1984 Kant 41.
18
Rajathi v. Ganesan, AIR 1999 SC 2374.
19
S.A. DESAI, MULLA: HINDU LAW, Vol II, 596 (20th ed., 2007).
15
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An. unchaste wife has no right to claim separate residence and maintenance,
ii.
A wife who has ceased to be a Hindu by conversion to another religion has no right to
claim maintenance.
Once a view was that when the wife who had resumed cohabitation with her husband forfeits
her claim for separate residence and maintenance, because the pre-condition of the claim is
that the wife is living separately from her husband, if that pre-condition ceases to exist, the
wife cannot continue to claim maintenance.21 But in Meenakshi v. Muthukrishna,22 the court
said that just because the wife had sexual intercourse with her husband, while she continued
to live separate from her husband, may not extinguish the decree for separate maintenance.
Similarly, in Dattu v. Tarabai,23 the court observed that by mere resumption of cohabitation,
the order of maintenance passed under Section 18(2) does not terminate. It is submitted that
these are correct. So long as the basis of separate living is not extinguished, she will be
entitled to live separate and claim maintenance.24
20
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Non-Petitioner
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5) That the act of non-petitioner amounts to cruelty towards the petitioner and therefore
becomes a ground to live separately and claim maintenance from the non-petitioner.
6) That the cause of action has been arose because of the act of cruelty being done upon
the petitioner by the non-petitioner, hence the petitioner has a right to file a petition
for maintenance on ground of cruelty.
7) That the court has jurisdiction to hear the case.
8) That the petition has been filed within the prescribed period of limitation.
9) That the court fee has been paid.
Prayer
The petitioner, therefore, prays for the judgment and decree as under:
1) A decree in her favour of petitioner for separate residence and maintenance of Rupees
Fifteen Thousand per month.
2) Costs of suit be also awarded.
3) And or any other relief be granted that be deemed fit and proper in this case.
Signature
Date: 1.03.2014
Petitioner ____________
Place: Raipur
Advocate_____________
Verification
do hereby declare on oath that the contents of paragraphs 1 6 are true to the
best of my knowledge and the contents of paragraphs 7 9 are believed to be true on the
basis of information given to me by the learned counsel.
God help me, nothing is escaped and nothing is false.
Signature
Date: 1.03.2014
Petitioner ____________
Place: Raipur
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Non-Petitioner
Signature of Deponent
Place: Raipur
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Written Statement:
In the Court of District Family Judge
Raipur
Petition No. _____, 2014
A w/o B, 32 Years,
R/o Plot- 21, Street- 7,
Petitioner
Non-Petitioner
3) That the contents of Para 3 of the plaint are not admitted. The non-petitioner never
demanded dowry from either the petitioner or her parents. There was no such act of
physical assault of the petitioner by the non-petitioner instead they are happily living
together in their matrimonial home.
4) That the contents of Para 4 of the plaint are denied. As there was no such act of
cruelty so as to cause reasonable apprehension in petitioners mind that it will be
harmful or injurious to live with her husband, the petitioner is in very much capacity
to live together with non-petitioner in their matrimonial home.
5) That the contents of Para 5 are denied. There is no act of cruelty towards the
petitioner and therefore there is no ground to live separately and claim maintenance
from the non-petitioner.
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6) That the contents of Para 6 are not admitted. There does not arise any cause of action
so the petitioner does not have any right to file a petition for maintenance.
7) That the contents of Para 7 are admitted.
8) That the contents of Para 8 are admitted.
9) That the contents of Para 9 are admitted.
Prayer
The non-petitioner, therefore, prays for the judgment and decree as under:
1) A decree in favour of non-petitioner denying any kind of maintenance to the
petitioner.
2) Costs of suit be also awarded.
3) And or any other relief be granted that be deemed fit and proper in this case.
Signature
Date: 16.03.2014
Non-Petitioner _____________
Place: Raipur
Advocate
_____________
Verification
I
do hereby declare on oath that the contents of paragraphs 1 6 are true to the
best of my knowledge and the contents of paragraphs 7 9 are believed to be true on the
basis of information given to me by the learned counsel.
God help me, nothing is escaped and nothing is false.
Signature
Date: 16.03.2014
Non-Petitioner ____________
Place: Raipur
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Non-Petitioner
2) That the written statement has been drafted by my counsel under my instructions and
has been explained to me by him and I have understood the contents of the written
statement properly.
3) That the contents of paragraphs 1 6 are true to the best of my knowledge and the
contents of paragraphs 7 9 are believed to be true on the basis of information given
to me by my learned counsel.
Signature of Deponent
Verification
I, deponent, declares on oath that the contents of paragraphs 1 3 are true to the best of my
knowledge and nothing has been escaped and false.
Date: 1.03.2014
Signature of Deponent
Place: Raipur
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CONCLUSION
The right of wife to claim maintenance from husband is an important feature of Hindu Law
which has been derived from our ageold traditions and customs, Dharamshastras and
Shastric Hindu Law. The birth of this valuable right has its logic in the corresponding rights
and duties of husband and the wife. It is not only the husband who shoulders the
responsibility of maintaining his wife and children besides providing them with love, warmth
and affection. The wife has an equal duty to perform in the matrimonial household, foremost
among which lies in her sincerity and integrity with the husband. Moreover, she has an
equally important task of sharing the feelings of love, sorrow and happiness with her
husband.
The remedies provided to a wife under the Hindu Law to claim maintenance from her
husband has its roots in three different enactments: Hindu Marriage Act 1955; Hindu
Adoption and Maintenance Act 1956; and Code of Criminal Procedure 1973. Section 18 of
Hindu Adoption and Maintenance Act 1956 provides an independent and substantive remedy
to a Hindu wife to lay a claim for maintenance against her husband. This provision confers an
important right to the wife to claim any amount of maintenance against her husband, subject
of course, to the factors to be considered while awarding the quantum. However, there is no
ceiling limit on the amount of claim to be made. It is dependent upon the social environment
to which the parties belong and other relevant factors.
This project dealt with all the relevant laws relating to maintenance under Section 18 of
Hindu Adoption and Maintenance Act 1956 and also discussed a specimen of the petition
which needs to be filed by the wife before the District Family Judge.
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BIBLIOGRAPHY
Books:
1) DR. AMIT SEN, LEAGAL LANGUAGE, LEGAL WRITING AND LEGAL DRAFTING, Kamal Law
House (2nd ed., 2006).
2) KS GOPALAKRISHNANS, PLEADINGS AND PRACTICE, ALT Publications (2004).
3) KUSUM, FAMILY LAW LECTURES FAMILY LAW I, Lexis Nexis Butterworths (3rd ed.,
2011).
4) MAYNES, HINDU LAW AND USAGE, Bharat Law House (16th ed., 2012).
5) MURALI MANOHAR, CONVEYANCING AND PLEADING, Eastern Book Company (2nd ed.,
2004).
6) PARAS DIWAN, MODERN HINDU LAW, Allahbad Law Agency (20th ed., 2009).
7) S.A. DESAI, MULLA: HINDU LAW, Vol II, Lexis Nexis Butterworths (20th ed., 2007).
8) S.R. MYNENI, DRAFTING, PLEADING & CONVEYANCING, Asia Law House (2008).
Article:
1) Vandana
R.
Aneja
&
Rajat
Aneja,
Maintenance
of
Hindu
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Wife,