UNIT –V

LAW RELATING TO HINDU MINORITY AND GUARDIAN SHIP:

KINDS OF GUARDIANS

DUTIES AND POWERS OF GUARDIANS.

MAINTENANCE.

Hindu minority and guardian ship Act, 1956

Introduction :-

This act has significantly made many changes in the position and status of the
mother as the natural guardian.

AGE OF MAJORITY:- SECTION 4:

It defines the word minor as a person who has not completed the age of
eighteen years.

GUARDIAN - A Guardian means a person have the care of the person of

another or of his property, or of both.

Section 4(b):- Guardian means a person having the care of the person of a
minor, or of his property or of both his person and property and includes.

1. Natural guardian.
2. A guardian appointed by the will of the minor’s father or mother
3. A guardian appointed or declared by a court ; and
4. A person, empowered to act as such by or under any enactment relating
to any court of wards.

Guardian for minor’s undivided interest in joint-family property.

Section 12:- where a minor has an undivided interest in joint-family property
and the property is under the management of an adult member of the family,
no guardian shall be appointed for the minor in respect of such undivided
interest.

POSITION OF KARTA AS GUARDIAN.

The karta in a joint Hindu family is the manager of all property belonging to
the family. The coparcenary interest of a minor is not his individual property.

So long as there is karta alive, no guardian can be appointed of a minor’s

interest in the joint family property.

If the minor is a member of joint family governed by the Mitakshara Law, the
father as Karta (manager ) is entitled to the management of the whole
coparcenary property including the minor’s interest therein, passes to the
eldest son as Karta.

The mother is not entitled to the custody of the undivided interest of her
minor son in the joint property, if any.

KINDS OF GUARDIAN

Section 4:- of the Act mention four kinds of guardians, these are:-

1. A natural guardian.
2. A guardian appointed by the will or the minor’s father or mothers
(testamentary guardian)
3. A guardian appointed or declared by a court, and
4. A person empowered to act as such by or under any enactment relating
to any court of wards.
Besides this, there are other types of guardians such as.
5. De facto guardian and
6. Ad hoc guardian.

NATURAL GUARDIAN.
MEANING OF NATURAL GUARDIAN.

A natural guardian is one who becomes so by reason of the natural

relationship with the minor. In other words a natural guardian is a person
having the care of the person of a minor or of his property or of both, by virtue
of his natural relationship with the minor.

Section 6:- of the Hindu minority and guardian ship act, runs as follows,

The natural guardian of a Hindu minor, in respect of the minor’s person as

well as in respect of the minor’s property (excluding his or her undivided
interest in joint family property) are,

a. In case of a boy or an unmarried girl-the father, and after him, the

mother; provided that the custody of a minor who has not completed
the age of 5 years shall ordinarily be with the mother.
b. In the case of an illegitimate boy or an illegitimate unmarried girl-the
mother, and after her, the father.
c. In the case of a married girl the husband.
Provided that no person shall be entitled to act as the natural
guardian of a minor under the provision of this section.
a. If he has ceased to be a Hindu, or
b. If he has completely and finally renounced the world by becoming a
hermit or an ascetic (sanyasi)

Who are natural guardians?

Among the Hindus, the father is the natural guardian of his children during
their minority and in the absence the mother during their minority. He may,
in exercise of his discretion as guardian entrust the custody and education of
his children to another, but the authority he thus confers is revocable
authority.

The powers of the father to act as a natural guardian do not come to an end
simply because the child is being looked after by his aunt and is living with
her.
The father is the natural guardian of the person and of the separate property
of his minor children.

Case law jijabai v. pathan khan.

Where the father was alive but had fallen out with the mother of the minor
daughter and was living separately for several years without taking any
interest in the affairs of the minor who was in the keeping and care of the
mother, it was held by the supreme court that in the peculiar circumstances,
the father should be treated non-existent and the mother could be considered
as the natural guardian of the minor’s person as well as property.

K.S. Mohan v. Sandhya Mohan [AIR 1993 MAD 59]

The Madras High Court has held that custody of a child below the age of five
years should be given to its mother and only in exceptional circumstances, the
father may claim the custody of that child.

STEP MOTHER AND STEP-MOTHER

There are not the natural guardians of the minor child.

ILLEGITIMATE BOY AND GIRL.

In case of a illegitimate boy or girl the mother is the natural guardian, and in
absence of the mother the father will be the natural guardian.

Married girl.

The husband would be the guardian, unless he has ceased to be a Hindu or he

has completely and finally renounced the world by becoming a hermit or an
ascetic.

DISABILITIES TO BE A GUARDIAN.

According to section 6 the disability may arise.

1. Disability arising from apostasy.

Before the passing of the Act the right of a guardian was not affected by
the change of his religion.
The fact that a father had changed his religion was of itself no reason for
depriving him of the custody of his child.

If the father voluntarily abandoned his parental rights and entrusted the
custody of the child to another person the court may not restore back the
custody of the child to the father if such a course is detrimental to the interest
of the child.

VIJAYA LAXMI V. INSPECTOR OF POLICE.

The Madras High court held that where father converted to Islam and married
a muslim girl, he creases to be natural guardian as a matter of legal right.

It would not be in the interest of child that such convert should be allowed to
continue as a natural guardian and exercise the power as such.

2. CIVIL DEATH:-

Any person who has completely and finally renounced the world by
becoming a hermit or an ascetic forfeits his right to continue as the natural
guardian of his minor child or wife.

3. MINORITY:-
A Minor shall be incompetent to act as guardian of the property of the
minor. So, in respect of the joint family property, even if the Karta is a
minor, such property is and remains under his protection.
4. AGAINST MINOR’S WELFARE:-
No person shall be entitled to the guardianship of the minor, if in the
opinion of the court his or her guardianship will not be for the welfare
of the minor.

EFFECT OF REMARRIAGE BY WIDOW.

A Hindu widow does not, by her remarriage, lose her preferential rights of
guardianship over her minor children by the deceased husband whether such
marriage is permitted by custom or not.

NATURAL GUARDIAN OF AN ADOPTED SON:-

Section 7:- that the natural guardian of an adopted son, who is a minor, passes
on adoption to the adoptive father and after him to the adoptive mother. The
natural father and mother do not have any right, after adoption.

NATURAL GUARDIAN AFTER ADOPTION:-

After adoption the natural guardianship of the adopted child passes

from his natural father to his adoptive father.
Natural father after adoption can only be regarded as a defacto-
guardian.

POWERS OF A NAUTRAL GUARDIAN.

SECTION 8:-
1. The natural guardian of hindu minor has power, subject to the
powers provision of this section, to do all acts which are necessary or
reasonable and proper for the benefit of the minor or for the
realization, protection or benefit of the minor’s estate:- but the
guardian can in no case bind the minor by a personal covenant.
2. The natural guardian shall not, without the previous permission of
the court
a. Mortgage or charge or transfer by sale, gift, exchange or otherwise
any part of the immovable property of the minor, or
b. Lease any part of such property for a term exceeding 5 years of
for a term extending more than one year beyond the date on
which the minor will attain majority.
3. Any disposal of immovable property by a natural guardian, in
contravention of sub-section (1) or sub-section (2) is voidable at the
instance of the minor of any person claiming under him.
4. No court shall grant permission to the natural guardian to do any of
the acts mention in sub-section (2) except in case of necessity or for
an evident advantage to the minor.
5. The guardians and wards Act. 1890 shall be applicable.
6. Court means city civil court
NECESSARY OR REASONABLE AND PROPER ACTS FOR THE BENEFIT OF
THE MINOR.

A natural guardian has the power to place such restraint on the minor in
regard to his upbringing, education and health as may be necessary or
reasonable or proper for the benefit of the minor.

MANIK CHAND V. RAM CHAND [AIR 1981 SC 519]

The Supreme court clearly laid down that, the natural guardian has been
empowered to do all such acts which are necessary for the welfare and benefit
of the child.

POWER TO ENTER INTO CONTRACTS.

RUMAL V. SRINIWAS [AIR 1985 DEL. 153]

The Delhi High court has held that any contract executed by the guardian of
the minor can be specifically enforced by the minor or against the minor.
Under the law the natural guardian has been empowered to enter into the
contract.

If the contract is in the welfare of the minor, it will be binding and will be
enforceable.

COMPROMISE BY NATURAL GUARDIAN:-

A guardian is competent to enter into a compromise on behalf of his ward.

ACKNOWLEDGMENT OF DEBT BY GUARDIAN:

A natural guardian of a minor as well as a guardian appointed by the court or

has power to acknowledge a debt or to pay interest on a debt so as to extend
the period of limitation provided the act is for the protection or benefit of the
minor’s property.

FAMILY ARRANGEMENT:-
The natural guardian has the power to enter into family settlement on behalf
of the minor provided it is the nature of a bona fide compromise of doubtful
claims.

POWER OF ALIENATION:-

The natural guardian of a Hindu minor has power in the management of the
estate to sell or mortgage any part of the estate in case of necessity or for
benefit of the estate, provided the natural guardian has taken permission of th
court prior to such alienation.

Case law

JANARDHAN PILLAI V. B.A RADHAMMA [AIR 1986 KER. 303]

The court held that a sale of minor’s property effected by his natural guardian
without obtaining the specific sanction of the court under section 8(2) is an
act which is prohibited by law and is, therefore invalid.

CONTROL OVER THE POWERS OF NATURAL GUARDIAN.

PREVIOUS PERMISSION OF THE COURT:- SECTION 8(2)

The natural guardian without the previous sanction of the court shall do no
transaction by sale, gift, exchange or otherwise of any part of the immovable
property of the minor and lease of any part of such property for a term
exceeding 5 years of for a term extending more than one year beyond the date
on which the minor will attain majority.

WHEN COURT TO GRANT PERMISSION:-

1. Necessity, or
2. An evident advantage to the minor.

EFFECT OF SUCH PERMISSION:-

 An alienation made with the permission of the court, cannot be impeached by
the minor or any other person except in a case of fraud of underhand dealing.

EFFECT OF TRANSFER IN CONTRAVENTION OF THE ACT:-

If any transfer is made in contravention of the Act, it would be voidable at the

option of the minor.

PROCEDURE FOR OBTAINING PERMISSION.

1. Procedure and principles which will govern grant of permission by the

court to a natural or his testamentary guardian to transfer the
immovable property are prescribed by sub-section (4) (5) and (6) of the
section 8 of this Act.
2. The order granting the permission shall recite the necessity or
advantage, as the case may be, describe the property with respect to
which the act permitted is to be done, and specify such condition, if any
as the court may see fit to attach to the permission; and it shall be
recorded, dated and signed by the judge, of the court with his own hand,
or when from any cause he is prevented from recording the order with
his own hand, shall be taken down in writing from his dictation and be
dated and signed by him.
3. The court may, in its discretion, impose the following among their
conditions namely;-
a. The sale shall not be completed without the sanction of the court;
b. That a sale be made to the highest bidder by public auction before
the court or some person specially appointed by the court for that
purpose as a time and place to be specified by the court.
c. That the whole or any of the proceeds of the sale permitted shall be
paid into the court by the guardian, to be disbursed therefrom or be
invested by the court on prescribed securities or to be otherwise
disposed of as the court directs.
4. Before granting the permission to a guardian to do an act , the court may
cause notice of the application for the permission to be given to any
 relative or friend of the ward who should, in its opinion, receive notice
thereof, and shall hear and record statement of any person who appears
in opposition to the application.”

TESTAMENTARY GUARDIAN

Are those guardians who are appointed by a will of the natural guardian,
entitled to act as a guardian for the minor. It becomes effective only after the
death of the testator.

Section 9

1. A Hindu father entitled to act as the natural guardian of his minor

legitimate children may, by will appoint a guardian for any of them in
respect of the minor’s property (other than the undivided interest
referred to section 12) or in respect of both.
2. An appointment made under sub-section (1) shall have no effect if the
father pre-deceases the mother, but shall revive, if the mother dies
without appointing by will, any person as guardian.
3. A Hindu widow, entitled to act as the natural guardian of her minor
legitimate children, and a Hindu mother entitled to act as the natural
guardian of her minor legitimate children by reason of the fact that the
father has become disentitled to act as such, may, by will appoint a
guardian for any of them in respect of the minor’s person or in respect
of the minor’s property (other than the undivided interest referred to in
section 12) or in respect of both)
4. A Hindu mother entitled to act as the natural guardian of her minor
illegitimate children may, by will, appoint a guardian for any of them in
respect of the minor’s person or in respect of the minor’s person or in
both.
5. The guardian so appointed by will has the power to act as the minor’s
guardian, after the death of the minor’s father or mother, as the case
may be, and to exercise all the powers of a natural guardian under this
Act to such extent and subject to such restrictions, if any, as are
specified in this Act and in the will.
 6. The right of the guardian so appointed by will shall, where the minor is
a girl, cease on her marriage.

Who may appoint?

The Act recognizes the right of the following persons to appoint

guardian of the person and separate property of a Hindu minor.
1. The father , natural and adoptive;
2. The mother, natural and adoptive;
3. The widowed mother, natural and adoptive.

WHO CAN APPLY FOR APPOINTMENT AS GUARDIAN.

1. The person desirous of being or claiming to be the guardian of the

minor or;
2. Any relative or friend of the minor; or
3. The collector of the district or other local area in which-
a. The minor ordinarily resides.
b. The minor holds property or
4. If the minor belongs to a class the collector who has authority
with respect to that class.
Powers of guardian appointed by the court.

The powers are the same as of the natural guardian or testamentary guardian.

DE-FACTO GUARDIAN

A de-facto guardian of a minor, is neither a legal guardian, nor a testamentary

guardian nor a guardian appointed by the court, but he a person, who himself
takes over the management of the affairs of the minor, as if he was a natural
guardian.

Some continuous course of conduct is necessary on his part.

A person having the care of properties of a minor but who is neither a natural
guardian, testamentary guardian nor a guardian appointed by the court is only a
de facto guardian and the restriction under section 11 will apply to his acts.

According to section 11 of the Act the de facto guardian is not recognized and he
cannot deal with the property of a minor.

AD HOC GUARDIAN.

It means “for this purpose.” There must be some course of conduct in that
capacity, it implies some continuity of conduct, some management of the
property beyond the isolated act of alienation which is being challenged.

Even this type has no place in this Act.

REMEDIES OF GUARDIAN FOR CUSTODY OF A MINOR.

A guardian, who has been deprived of the custody of his ward, has the following
remedies open to him:-

1. Writ of habeas corpus within the original civil jurisdiction of a High court.
2. Application to a Magistrate under section 97 or sec 98 of the criminal
procedure code 1973.
3. Regular suit by guardian for custody of the ward.
4. Petition for the restoration of the custody of his ward under section 25 of
the guardians and wards act, 1890.

RIGHTS AND LIABILITIES OF GUARDIAN.

1. Is entitled to the custody of his ward and exclusive possession of his

property.
2. He alone is entitled to sue or be sued on behalf of the minor.
3. He can enter into a compromise or can agree to refer the dispute to
arbitration in order to preserve the interest of the child.
 4. The compromise would be binding only when it fulfills the interest of
the minor and approved by the court.
5. The expensed incurred by the guardian can be taken from the minor’s
property.
6. He is liable for breach of trust.
7. He is not entitled for remuneration unless it has been specified in the
will.
8. Manage minor’s property prudently.
9. Render all accounts to the minor.
10. If a minor discharges the guardian once he attains the majority, the
liability of the guardian comes to an end.

SONSHIP AND ADOPTION

INTRODUCTION :-

Manu defines an adopted son as follows:- “A son equal in caste and

affectionately diposed whom his mother or father (or both) give with water at
time of calamity is known as the Dattrima (Dattaka Son).

Thus adoption is the transplantation of son from the family in which he is born, to
another family where he is given by the natural parents by way of gift. The
adopted son is then taken as being born in the new family and acquired rights,
duties, and status there only and his ties with the old family comes to an end.

ESSENTIAL OF A VALID ADOPTION.

1. The person adopting has the capacity and also the right to take in adoption.
2. The person giving in adoption has the capacity to do so;
3. The person adopted is capable of being taken in adoption.
4. The adoption is made in compliance with the other conditions mentioned in
the chapter.

Who may adopt?

Section 7:- Adoption by a male and section 8 with adoption by a female.

Whether male or female they should have capacity and right to take a child in
adoption.

Section 7:- capacity of the male to take in a adoption

Section 8 deals with adoption by a female

Section 7 deals with adoption by a male:-

The capacity of a male to take in adoption.

Section 7 Any male Hindu

a. who is sound mind

b. who is not a minor has the capacity to take a son or daughter in
adoption.

Provided – if he has wife consent of the wife is needed

The consent of the wife is not needed

 if the wife has completely renounce the world

 has converted to another religion
 or unsound mind the consent of the wife is not needed

If the consent of the wife is not taken the adoption is invalid.

Case Law

GHISALAL VS. DHAPU BAI [AIR 2011 SC 644]

The supreme court has laid down that the consent of wife either should be in
writing or reflected by positive act voluntarily and willingly done by her.

If the person is having 1 or more wives consent of all the wives is necessary.

Consent of wife when not necessary;

The consent of the wife will not be necessary if the wife whose consent is sought
has,

1. Completely and finally renounced the world.

2. Ceased to be a Hindu
3. Has been declared by a court of competent jurisdiction to be of an unsound
mind.

Section 8 deals with adoption by a female

The capacity of a female to take in adoption.

Any female

a. who is of sound mind

b. who is not a minor
c. who is not married or
if married,
i. whose marriage has been dissolved
ii. whose husband is dead
iii. whose husband has completely and finally renounced the world.
iv. Whose husband has ceased to be a hindu.
v. Whose husband has been declared by a court of competent
jurisdiction to be of unsound mind.

Has the capacity to take a son or daughter in adoption. Consent of the husband is
necessary if husband is alive.

RIGHT OF MALE AND FEMALE TO ADOPT

Section 11 – other conditions for a valid adoption-

1. If the adoption is son , the father or mother should not have son, son’s son, or
son’s son’s son living (whether legitimate or adoption) living at the time of
adoption.
2. If the adoption is of a daughter , the father and mother must not have a Hindu
daughter or son’s Daughter (Whether legitimate blood relationship or by
adoption) living at the time of adoption.

3. If the adoption is by a male and the person to be adopted is a female the

adoptive father is at least 21 yrs older than the person to be adopted.
4. If the adoption is by a female and the person to be adopted is a male the
adoptive mother is at least 21 yrs older than the person to be adopted.
5. The child shall not be adopted by 2 or more persons
6. The child to be adopted must be actually given and taken from the place of
family to the adopted family.

CASE LAW.

GOLAK CHANDRA RATH VS. KRATIBAS [AIR 1979 ORI 205]

In this case the Orissa High court held that,

The condition under section 11 must be fulfilled in adoption otherwise adoption is

not valid.

WHO MAY GIVE IN ADOPTION:-

Section 9(1) prescribes the capacity of persons, who give the child in adoption to
another.

1.No person except the father or mother or the guardian of a child shall have the
capacity to give the child in adoption.

2. subject to the provisions of sub-sec 4 , the father, or the mother, if alive, shall
have equal right to give a son or daughter in adoption.

3. where both the father and mother are dead or have completely and finally
renounced the world, or have abandoned the child or have been declared by a
court of competent jurisdiction to be of unsound mind or where the parentage of
the child is not known, the guardian of a child may give the child in adoption with
the previous permission of the court to any person including the guardian himself.
4. before granting permission to a guardian, the court shall be satisfied that the
adoption will be for the welfare of the child.

Who may be adopted?

Section 10:- No person shall be capable of being taken in adoption unless the
following conditions are fulfilled, namely,

i. He or she is a Hindu
ii. He or she has not already been adopted.
iii. He or she has not been married, unless there is a custom or
usage applicable to the parties which permits persons who are
married being taken in adoption.
iv. He or she has not completed the age of 15 yrs, unless there is a
custom or usage applicable to the parties which permits
persons who have completed the age of 15 yrs being taken in
adoption.

Case law

ATLURI MANADAM V. ANNE SAI BAPUJI [AIR 2011 SC 545]

In this case a person who was adopted when he was above the age of 15 yrs
under custom which permitted the adoption claimed the property of his adoptive
father on the ground that since the adoptive father died intestate, he being the
adoptive child was entitled to his property.

Adoption was made through a registered adoption deed that stated that the
natural parents of the claimant aged 18 had given him in adoption in presence of
the elders to Anne Seetharamaiah who was issueless in accordance with the
Hindu Adoption and Maintenance Act, 1956.

It also recited that the adoption was in accordance with the custom prevailing in

The court accepted the adoption as valid in view of the statutory exception made
in favour of custom to the contrary.

Ceremonies required for adoption

According to section 11 (iv):- the child to be adopted must be actually given and
taken in adoption by the parents or guardian or under the authority with intent to
transfer the child from the family of its birth, or in case of an abandoned child or a
child whose parents is not known, from the place or family where it has been
brought upto the family of its adoption.

Provided that the performance of Datta Homam shall not be essential to the
validity of an adoption.

Ceremony of giving and taking is essential.

Case law

LAKSHMAN SINGH KOTHARI V/S SRIMATI RUP KUWAR [AIR 1961 SC 1378]

The supreme court held that under the Hindu law whether among the regenerate
caste or among shudras, there cannot be a valid adoption unless the adoptive
child is transferred from one family to another and that can be done only by the
ceremony of giving and taking.

The object of the corporal giving and receiving in adoption is to secure due
publicity.

To achieve this object it is essential to have a formal ceremony.

DATTA HOMAM:-

It is the sacrifice of the burning of clarified butter, which is offered as a sacrifice to

fire by way of religious propitiation or oblation.

Datta humam is not essential in the case of an adoption in the twice born classes
when the adopted son belongs to the same gotra as the adoptive father.

Datta Homan could be performed at any time after the physical act of giving and
taking.
Under the present law Datta Homam is not essential for an adoption made by any
class of Hindus, Jains, Buddhists and Sikhs.

EFFECTS AND CONSEQUENCES OF ADOPTION –

SECTION 12:-

‘An adopted child shall be deemed to be the child of his or her adoptive father or
mother for all purposes with effect from the date of the adoption and from such
date all the ties of the child in the family of his or her birth shall be deemed to be
severed and replaced by those created by the adoption in the adoptive family.

Provided that-

a. The child cannot marry any person whom he or she could not have married
if he or she had continued in the family of his or her birth;
b. Any property which vested in the adopted child before the adoption shall
continue to vest in such person subject to the obligations, if any attaching
to the ownership of such property, including the obligation to maintain
relatives in the family of his or her birth;
c. The adopted child shall not divest any person of any estate which vested in
him or her before the adoption.

RELATION WITH NATURAL FATHER ‘S FAMILY AND MARRIAGE.

On a valid adoption child ceases to have any right or, be subjected to any
liability or disability as a member of the family of his birth, but the tie of blood
between him and the members of that family and the disabilities arising
therefrom continue, with the result than in spite of the adoption he or she cannot
marry any person from the natural family within the prohibited degrees.

HINDU ADOPTIONS AND MAINTENANCE ACT.

The right of maintenance arises from the concept of an undivided family.

The head of the family is bound to maintain its members, their wives, and their
children.
What is maintenance?

It is right to get the necessities which are reasonable.

Section 3(b) of the Hindu Adoption and maintenance Act, 1956 defines
maintenance includes-

i) In all cases, provision for food, clothing, residence, education and medical
attendance and treatment

ii) In the case of an unmarried daughter, also the reasonable expenses of and
incident to her marriage.

Persons entitled to maintenance:-

A member of the family is entitled either to a share in the ancestral property or

maintenance out of the income of that property.

The following persons are entitled to such maintenance.

I. Wife.
II. Widowed daughter-in-law
III. Children and aged parents
IV. Dependants of the deceased:-
A. His or her father
B. His or her mother
C. His widow
D. His or her son, son of pre-deceased son, or son of a pre-deceased son
of a pre-deceased son.
E. His or her unmarried daughters or the unmarried daughter of pre-
deceased son or unmarried daughter of a pre-deceased son of a pre-
deceased son.
F. His widowed daughter.
G. Widow of his son or a son of pre-deceased son.
H. His minor illegitimate son.
I. His unmarried illegitimate daughter.
MAINTENANCE OF WIFE:-

1. MAINTENANCE
2. SEPARATE RESIDENCE.

1. MAINTENANCE:-
 It is a right of a wife for maintenance in an incidence of the status or
state of matrimony and a Hindu is under a legal obligation to
maintain his wife.
 This right arises from the very existence of the relation between the
parties.

Section 18:- 1. A Hindu wife, whether married before or after the

commencement of his Act, shall be entitled to be maintained by her husband
during her lifetime.

2. A hindu wife shall be entitled to live separately from her husband

without forfeiting her claim to maintenance:
a. If he is guilty of desertion, that is to say, of abandoning her without
reasonable cause and without her consent or against her wish, or
willfully neglecting her;
b. If he has treated her with such cruelty as to cause a reasonable
apprehension in her mind that it will be harmful or injurious to live
with her husband.
c. If he is suffering from a virulent form of leprosy.
d. If he has any other wife living
e. If he keeps a concubine in the same house in which his wife is living
or habitually resides with a concubine elsewhere.
f. If he has ceased to be Hindu by conversion to another religion.
g. If there is any other cause justifying her living separately.
3. A Hindu wife shall not be entitled to separate residence and
maintenance from her husband if she is unchaste or ceases to be a
Hindu by conversion to another religion.
CONDITIONS UNDER WHICH WIFE MAY CLAIM MAINTENACE.

This maintenance is dependent on her living with him and discharging the duties
as wife.

EFFECT OF HUSBAND CEASING TO BE HINDU:

The husband would not be absolved from his liability to maintain his wife simply
because he has ceased to be a Hindu.

LIABILITY OF OTHER RELATIONS TO MAINTAIN HER DURING HUSBAND’S

LIFETIME.

The wife is not entitled to be maintained by the relatives of husband side unless
they have the possession of the property belonging to her husband.

RIGHT OF SEPARATE RESIDENCE.

The wife’s first duty to her husband is to submit herself obediently to his
authority and to remain under his roof and protection.

A wife is not entitled to separate residence from her husband, unless she proves
that by reasons of his misconduct or refusal to maintain her in his own place of
residence or other justifying cause, she is compelled to live apart from him.

According Section 18(2) (a) to (g) enumerates that the wife may live separately
from her husband without forfeiting her right to maintenance.

The grounds which will enable the wife to live separately claim maintenance from
the husband are as follows;

1. Desertion by the husband

2. Cruelty by husband
3. Husband suffering from virulent form of leprosy
4. Husband having another wife living
5. Husband keeping a concubine
6. Where husband ceased to be hindu by conversion
7. Other justifying cause.
Maintenance under Hindu Marriage Act,1955

Section 24 of the Act deals with Maintenance Pendente lite during the
proceedings between a husband and wife.

And also permanent maintenance can be given to the wife.

Section 18(3):- When a wife not entitled to separate residence and maintenance.

1. When she ceases to be Hindu by conversion.

2. When she is unchaste.
3. When she is living separate without any cause justifying the same.
4. When the separate living is by agreement between the husband and wife
and wife forfeits her claim for maintenance.

Widowed daughter in law

Section 19:- she is entitled to be maintained by the father-in –law after the death
of her husband.

Provided if she is unable to maintain herself out of her own earnings or she has no
property of her own.

a. From the estate of her husband, mother or father.

b. From the son or daughter, if any, or his or her estate.

A Widowed daughter in law cannot claim the maintenance.

a. If she is able to maintain herself out of her own earnings or other property;
b. If she is able to obtain maintenance from the estate of her husband;
c. If she is able to obtain maintenance from the estate of her father;
d. If she is able to obtain maintenance from the estate of her mother;
e. If she is able to obtain maintenance from her son;
f. If she is able to obtain maintenance from her daughter;
g. If she is able to obtain maintenance from the estate of her son;
 h. If she is able to obtain maintenance from the estate of her daughter;
i. If the father-in-law has no coparcenary property in his possession out of
which she has remarried;
j. If she has remarried;
k. If she has ceased to be Hindu by conversion to some other religion.

MAINTENANCE OF AGED, INFIRM PARENTS AND THE CHIDREN.

SECTION 20;-

1. A Hindu is bound, during his or her lifetime to maintain his or her legitimate
or illegitimate children and his or her aged or infirm parents.
2. A Legitimate or illegitimate child claim maintenance from his or her father
or mother so long as the child is a minor.
3. The obligation of a person to maintain his or her aged or infirm parent or a
daughter who is unmarried extends in so far as the parent or the unmarried
daughter, as the case may be, is unable to maintain himself or herself out
of his or her own earnings or other property.

I) ILLEGITIMATE SON:
Son whether legitimate of illegitimate and whether adopted or natural
born can claim maintenance from either of his parents till he attains
majority under the provisions of the Act.

II) DAUGHTER AND ILLEGITIMATE DAUGHTER:-

Daughter whether legitimate of illegitimate can claim maintenance from
either of the parents.
III) AGED AND INFIRM PARENTS:-
A liablility arises on the son and the daughter to maintain their aged and
infirm parents who are unable to maintain themselves out of their own
property and earnings.

DEPENDANTS :-

INTRODUCTION
“Dependants" means the following relatives of the deceased:

(i) his or her father;

(ii) his or her mother;

(iii) his widow, so long as she does not re-marry;

(iv) his or her son or the son of his predeceased son or the son of predeceased
son of his predeceased son, so long as he is a minor:

PROVIDED and to the extent that he is unable to obtain maintenance, in the case
of a grandson from his father's or mother's estate, and in the case of a great
grand-son, from the estate of his father or mother or father's father or father's
mother;

(v) his or her unmarried daughter, or the unmarried daughter of his predeceased
son or the unmarried daughter of a predeceased son of his predeceased son, so
long as she remains unmarried:

PROVIDED and to the extent that she is unable to obtain maintenance, in the case
of a grand-daughter from her father's or mother's estate and in the case of a
great-grand-daughter from the estate of her father or mother or father's father or
father's mother;

(vi) his widowed daughter:

PROVIDED and to the extent that she is unable to obtain maintenance-

(a) from the estate of her husband, or

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

(c) from her father-in-law or his father or the estate of either of them;

(vii) any widow of his son or of a son of his predeceased son, so long as she does
not remarry:
PROVIDED and to the extent that she is unable to obtain maintenance from her
husband's estate, or from her son or daughter, if any, or his or her estate; or in
the case of a grandson's widow, also from her father-in-law's estate

(viii) his or her minor illegitimate son, so long as he remains a minor;

(ix) his or her illegitimate daughter, so long as she remains unmarried.