A Hindu wife, identified as A’, converted to Islam and started residing separately from her Hindu husband, B. Is she eligible to request maintenance from her husband?
TheSayeed Changed status to publish March 15, 2024
Facts in the Case:
- A’, a Hindu wife, converted to Islam and started living separately from her Hindu husband B.
Issues in the Case:
- Can A’, the Hindu wife who converted to Islam and lives separately from her Hindu husband B, claim maintenance from her husband?
Principle:
- Section 13 of the Hindu Marriage Act provides grounds for divorce, one of which is the conversion of one spouse to another religion.
- Conversion of the wife to Islam and living separately may provide grounds for divorce for the husband under Section 13(2) of the Hindu Marriage Act.
- However, the wife retains the right to claim suitable maintenance from the husband if she is not an earning member or if her earnings are insufficient to maintain herself.
Judgement:
- In the given scenario, the conversion of the wife to Islam and living separately from her Hindu husband provide the husband with grounds for divorce under Section 13(2) of the Hindu Marriage Act.
- Therefore, the husband may file a petition for divorce based on these grounds.
- However, the wife retains the right to claim suitable maintenance from the husband if she is not financially independent or if her earnings are insufficient to sustain herself.
TheSayeed Answered question March 15, 2024