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Report No. 252

Chapter 5

Proposed amendment to the Hindu Adoption and Maintenance Act, 1956

5.1 In view of the analyses made in the foregoing chapters, the Commission feels it necessary that the right of a Hindu woman, whose husband is unable to provide maintenance to her, must be protected and, accordingly, recommends insertion of sub-section 4 under Section 18 as below:

"Section 18(4) - Where the husband is unable to provide for his wife, on account of physical disability, mental disorder, disappearance, renunciation of the world by entering any religious order or other similar reasons, the Hindu wife is entitled to claim maintenance during her lifetime, from members of the joint Hindu family of the husband, except where the husband has received his share in the joint family property.

Explanation: For the purpose of this Section, the term "mental disorder" shall have the same meaning assigned to it under the Explanation to Section 13(1)(iii) of the Hindu Marriage Act."

[Justice A.P. Shah]
Chairman

[Justice S.N. Kapoor]
Member

[Prof.(Dr.) Mool Chand Sharma]
Member

[Justice Usha Mehra]
Member

[Dr. S.S. Chahar]
Member-Secretary

[P.K. Malhotra]
Ex-officio Member

[Dr. Sanjay Singh]
Ex-officio Member



Right of the Hindu Wife to Maintenance: A relook at Section 18 of the Hindu Adoptions and Maintenance Act, 1956 Back




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