When Wife is Entitled To Maintenance Under Hindu Law

Introduction :-

Under the Hindu law a Hindu wife is entitled to claim maintenance from the husband during his lifetime. This duty of the husband to maintain his wife is a personal obligation not depending upon the possession of the property.
Under the following exceptional circumstances a Hindu wife shall be entitled to live separately without forfeiting her claims to maintenance :-

1) Desertion :- 

The wife is entitled to claimed maintenance when he was deserted by her husband. It means that she was abandoned by her husband without any reasonable cause or without her consent or against her wish or willfully neglecting her. The right to claim maintenance necessarily arises and her marriage to the husband. Her further right to claim such maintenance by way of a separate maintenance arises when she proves desertion by the husband.

2) Cruelty :-

When the husband treated his wife with such cruelty as to cause to reasonable apprehension in her mind that it will be harmful or injuries to live with her husband then she can claim maintenance. The word cruelty includes both physical and mental cruelty.

3) Leprosy :-

When the husband is suffering from a virulent from of leprosy the wife is entitled to claim the right of separate residence and maintenance.

4) Existence of another wife :-

When the husband has any other wife living the wife is entitled to maintenance.

5) Living with a concubine :-

The wife entitled to claim maintenance if the husband :-

    i) Keeps a concubine in the same house in which his wife is living.

    ii) Habitually resides with a concubine elsewhere.

6) Conversion :-

A wife is entitled to claim separate residence and maintenance if her husband has ceased to be a Hindu by conversion to another religion.

7) Any other just cause :-

The wife is entitled to claim separate residence and maintenance from her husband if there is any other cause justifying living separately.