(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 life time.

(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 wilfully 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;
(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.

(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.

Bullet Points on Section 18 HAMA:

  • A Hindu wife, regardless of marriage date, has the right to be financially supported by her husband during her lifetime.
  • She can live separately from her husband without losing her claim to maintenance under specific circumstances:
    • If he deserts her without cause or consent.
    • If he treats her cruelly, causing her reasonable fear of harm.
    • If he has another living wife.
    • If he keeps a concubine in the same house or resides with one elsewhere.
    • If he converts to another religion.
    • For other justifiable reasons.
  • However, she cannot claim separate residence and maintenance if she is unchaste or converts to another religion.
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