Question

A Hindu wife had been living with her children and all the children had been brought up by her without any assistance and help from the husband many years. The wife was entitled to separate residence and maintenance under:

• A. Section 18 (2) (f) of Hindu Adoptions and Maintenance Act
• B. Section 18 (2) (d) of Hindu Adoptions and Maintenance Act
• C. Section 18 (2) (a) of Hindu Adoptions and Maintenance Act
• D. Section 18 (2) (g) of Hindu Adoptions and Maintenance Act

Hint:

A wife is entitled to separate maintenance under Section 18 (2) (a) of the Hindu Adoptions and Maintenance Act if the husband fails to maintain her.

Answer 1

The Correct Option is C

Step 1: Section 18 of the Hindu Adoptions and Maintenance Act.
Section 18 of the Hindu Adoptions and Maintenance Act provides that a Hindu wife is entitled to separate residence and maintenance under specific circumstances, such as when the husband has failed to maintain her, or when the wife has been living separately due to reasons like cruelty or desertion.
Step 2: Explanation of the options.
- (a) Section 18 (2) (f): This is related to cases of cruelty or desertion by the husband.
- (b) Section 18 (2) (d): This deals with cases where the wife has been abandoned or subjected to ill-treatment.
- (c) Section 18 (2) (a): This is the correct provision, as it entitles the wife to separate residence and maintenance if the husband has failed to support her.
- (d) Section 18 (2) (g): This section relates to situations where the wife is entitled to maintenance due to other specific conditions.
Step 3: Conclusion.
Thus, the correct answer is (c) Section 18 (2) (a) of Hindu Adoptions and Maintenance Act.