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Can a Husband Claim Maintenance and Wife’s Property

Introduction:

The Hindu Marriage Act,1955 provides benefit to a husband to claim maintenance from a wife.

Laws and its provisions which benefit husband to claim maintenance from wife?

Section 24 of the Hindu Marriage Act, 1955 provides for pendente lite and expenses of proceedings. Section 24 provides that if a husband or wife has no income for his or her support then husband or wife can claim maintenance from the other party who has income for her or his support and here, the court orders the party to provide maintenance to the other party who has no income to support herself or himself and also to provide expenses of the proceedings.

The Hindu Marriage Act, 1955 states under section 24 for permanent alimony and maintenance. Here, the applicant (wife or husband) makes an application to the court stating that respondent (wife or husband) should pay maintenance and support such gross sum or such monthly sum from his or her own income and other property. And the court orders the respondent to pay the required sum (maintenance) or property to the applicant.

What are the circumstances satisfy the husband to get maintenance?

Name of the Case: “Kamelendra Sawarkar v. Kamalendra (Bombay High Court)”

In this case, the high court of Bombay raised a question that under what circumstances the husband can get maintenance under section 24 of the Act. The court held that since the wife has income and she is in employment, the husband cannot wholly depend on the wife’s income because the person is not handicapped or there is no impediment to earning. He is an able-bodied person equipped with the skills and can earn to support himself. So, he cannot claim maintenance under section 24 of the Act.

Wife’s Property:

The property in the hands of the wife will be her own and nobody has any right to inherit the property during her lifetime. A wife has the right to sell or lease the property to anyone of her choice. After her death, the property will be transferred to her Class I legal heirs and if there is no Class I legal heirs then it is transferred to the Class II legal heirs. Husband and her children are Class I legal heirs. If the wife dies without making any will in the name of her husband and children then the property will be transferred to the husband and her children. A husband cannot inherit the property of the wife during her lifetime. After her death, as a Class I legal heir, the husband can get hold of the wife’s property.

Conclusion:

The Hindu Marriage Act, 1955 provides different provisions under which the husband can claim maintenance and wife’s property. There are certain conditions under the different sections which must be fulfilled by the husband to get maintenance. Husband is the Class I legal heir of the wife so if the wife dies then-husband and her children get the share of the wife’s property.

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