Project on

Revenue Structure of Chhattisgarh

Submitted to- Dr. Vikesh Ram Tripathi

(Faculty: Drafting Pleading & Conveyancing)

Submitted by- Siddharth Dewangan

Section : B

Roll No.-163

Semester VIII

HIDAYATULLAH NATIONAL LAW UNIVERSITY RAIPUR,

CHHATTISGARH

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 TABLE OF CONTENTS

ACKNOWLEDGMENT................................................................................................... 3

MAINTENANCE OF WIFE …………..………............................................................. 4

APPLICATION FOR MAINTENANCE UNDER HAMA …………………...…...…...6

BIBLIOGRAPHY………………………………................................................................ 8

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 ACKNOWLEDGMENTS

I would like to express my heartfelt gratitude to my teacher, Dr. Archana Shyam Gharote for her
unstinted support. I would like to thank the faculty for giving me the chance for researching on
such an intriguing and progressive issue as this.

Thank you, jurists and masters of law for the expression of your ideas, thoughts and immense
amount of knowledge in the form of the various books, articles and opinions. Without all of this,
it would have been a Herculean task for me to complete this project.

My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the
form of our library and IT Lab that was a source of great help for the completion of this project.

Siddharth Dewangan

Semester VIII

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 MAINTENANCE OF WIFE

The term maintenance has been defined under Section 3(b) of The Hindu Adoption and
Maintenance Act.

(b) "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;

Section 18 of the Act deals with the Maintenance of Wife.

18. Maintenance of wife-

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the
commencement of this 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 of 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 a Hindu by conversion to another religion;

(g) if there is any other cause justifying her living separately.

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(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.

Under the above provision, unchastity or conversion to another religion of wife are grounds
available to husband when he is in litigation regarding his liability to maintain his wife. The
Modern Hindu Law, a Hindu husband has a right to obtain divorce or judicial separation from a
wife who has committed adultery. Where there is a duty to comply with a decree of the
restitution of conjugal rights there cannot be a decree for separate living and maintenance. If a
wife withdraws from the matrimonial home or from the society of her husband without a
reasonable excuse but not for any immoral purpose, she does not loose the right to maintenance.
The right may be suspended; but a wife has a right to join her husband and regain right to
maintenance at any time because the husbands house is her home. The husband is under an
absolute obligation to maintain his wife. However, the obligation is personal, even the estate of
husband may be charged to the payment of maintenance to wife. It doesn’t depend upon whether
the husband has sufficient means for her maintenance.

Circumstances may exist where on account of some reasonable grounds the husband and wife
may need sperate residence. There may be circumstances due to which it may not be practicable
to live with the other. Hindu Law, therefore provides for such a situation by granting right to
separate residence and maintenance to Hindu wife. Desertion, Cruelty, Virulent leprosy, keeping
another wife, concubinage, conversion to another religion or any just cause gives separate
residence and maintenance to a wife from her husband. A wife is entitled to interim maintenance
also when she can establish that there is such necessity during litigation for final decree of
judicial separation. The Hindu Adoptions and Maintenance Act, 1956 does not provide for any
particular Court for obtaining the relief of maintenance under section 18 and 20 of the Act. The
petitioner must file before a Civil Court having jurisdiction to entertain the clause of action.

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 APPLICATION FOR MAINTENANCE OF WIFE UNDER HAMA

In the Court of Civil Judge (Senior Division), Allahabad

Suit No: 15547/2006

Smt. Rama Devi aged about 35 years

W/o Prem Chand
R/o Mirapur, Allahabad ………………………………………………………………. Plaintiff

Versus

Prem Chand aged about 38 years,

S/o Ram Kishore
R/o Teliarganj, Allahabad ………………………………………………………….. Defendants

The Plaintiff above named submits as under:

1. That the plaintiff is the legally wedded wife of the defendant with whom she was married
on 27.06.1990 and the plaintiff and the defendant peacefully lived together as wife and
husband till October 15, 2004.
2. That the defendant since the last six years has begun to heavily drink, associate with
women of ill-repute, harass and beat the plaintiff from time to time; and finally turned the
plaintiff out of his home on October 15, 2004.
3. That the plaintiff has been living since October 15, 2004 in the house of her parents who
are poor and support the plaintiff with difficulty.
4. That the plaintiff’s brother Sri Shivaram and father Sr Kailash Nath have persuaded the
defendants from time to time to keep the plaintiff with the defendants in his house and
live peacefully together but the defendant refused to do so.
5. That the defendants owns a shop of electrical goods wherefrom his monthly income is
more than twelve thousand rupees.
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 6. That the cause of action arose on October 15, 2004 when the defendant turned the
plaintiff put of his house.
7. That the parties to this suit reside within the local limits of jurisdiction of this Court
which is, therefore competent to try this suit.

The plaintiff, therefore, prays for the following relief:

(A) The defendants be ordered to pay Rupees Three Thousand Per month for maintenance of
the plaintiff.
(B) A decree for Rupees Fifty Thousand as arrears of maintenance for the plaintiff from
October 15, 2004 till the date of payment.
(C) The plaintiff be awarded cost of this suit.

(Sd.) Rama Devi

Plaintiff
January 16, 2006

VERIFICATION

I, Rama Devi, hereby declare that the contents of paragraph 1 to 6 are true to my personal
knowledge and those of paragraph 7 are believed to be true on information of my counsel. I have
signed this plaint and the verification clause this 16th day of January 2006 at Allahabad.

(Sd.) Rama Devi

Plaintiff
January 16, 2006

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 BIBLIOGRAPHY

Books:

1. A.B. Kafaltiya, Textbook on Pleadings, Drafting & Conveyancing, Universal Law

Pub Co. Pvt. Ltd, Delhi (2012).

2. S.P. Aggarwal, Pleadings : An Essential Guide, LexisNexis, Nagpur, Ed. 2 (2013).