Law panel for changes in maintenance provision `If Husband Is Disabled, Wife Can Seek Alimony From Joint Family The law commission has recommended amendments in the Hindu Adoption and Maintenance Act proposing that a Hindu wife should be entitled to claim maintenance during her lifetime, from members of the joint Hindu family of the husband in case of his disappearance or disability . In a report submitted to the law ministry last week, the commission said: “It necessary that the right of a Hindu woman, whose husband is unable to provide maintenance to her, must be protected and, accordingly , recommends insertion of sub-section 4 under Section 18,“ the law commission said. Section 18 (4) proposes that “where the husband is unable to provide for his wife, on account of physical disability , mental disorder, disappearance, renunciation of the world by entering any religious order or other similar reasons, the Hindu wife is entitled to claim maintenance during her lifetime, from members of the joint Hindu family of the husband, except where the husband has received his share in the joint family property .“ Law panel chairman Justice A P Shah said there is sufficient basis in classical Hindu law to cast a legal obligation on the father-in-law to maintain the daughter-inlaw, when the husband of the latter is unable to do so. “This lends support to the legislative amendment proposed by the commission that seeks to spell out in the law, the fatherin-laws obligation to pay maintenance to the daughter-in-law,“ he added.
Posted on: Fri, 09 Jan 2015 06:55:49 +0000