‘A’, a Hindu wife converted to Islam and lived separately from her Hindu husband ‘B’. Can she claim maintenance from her husband? Explain.
According to Sec. 13 of the Hindu Marriage Act, one of the grounds of divorce is the conversion of one of the spouse to another religion. The other party gets a ground for divorce in this aspect.
In the given problem, conversion by the wife to Islam and living separately gives the husband a right for divorce under Sec. 13 (ii).
So the petition for divorce may be presented by the husband, and the wife gets a right to claim suitable maintenance from the husband, if she is not an earning member or her earnings are insufficient to maintain herself.