‘A’, a Hindu wife converted to Islam and lived separately from her Hindu husband ‘B’. Can she claim maintenance from her husband? Explain.

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Answer:

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.

Last Updated On January 29, 2018
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