Divorced daughter ineligible for maintenance under Hindu Adoption and Maintenance Act, rules Delhi High Court.

High Court hears woman’s plea challenging trial court’s rejection of her petition under Section 22 of HAMA

The Delhi High Court recently heard a woman’s plea challenging a trial court’s rejection of her petition under Section 22 of the Hindu Adoptions and Maintenance Act (HAMA). The woman, who had been married in 1995, was later deserted by her husband who went to the United States of America. In 2001, she was granted an ex parte divorce.

Woman claims to have received maintenance from maternal family

The woman informed the High Court that until November 2014, she had been receiving ₹45,000 per month as maintenance from her maternal family. This payment was made on the condition that she would not claim her share in the property bequeathed to her by her father. However, after these payments were stopped, the woman claimed that she was facing extreme financial difficulties.

Section 22 of HAMA deals with maintenance of dependents

Section 22 of the HAMA is concerned with the maintenance of dependents. It stipulates that a Hindu is bound to maintain their spouse during their lifetime, provided they have sufficient means. The court can order for the payment of maintenance to the wife if the husband neglects or refuses to maintain her. In this case, the woman is seeking maintenance from her husband who deserted her and went abroad.

Court to consider the woman’s plea and relevant provisions of HAMA

The High Court will now consider the woman’s plea and examine the relevant provisions of the HAMA. It will determine whether the trial court was correct in rejecting her petition under Section 22. The court will also take into account the woman’s financial situation and the support she was receiving from her maternal family.

Summary:

• The Delhi High Court is hearing a woman’s plea challenging the rejection of her petition under Section 22 of HAMA.
• The woman claims to have received ₹45,000 per month as maintenance from her maternal family until November 2014.
• After the payments were stopped, the woman alleges that she is facing financial difficulties.
• Section 22 of HAMA deals with the maintenance of dependents and requires a Hindu to maintain their spouse.
• The court will consider the woman’s plea and relevant provisions of HAMA to determine if the trial court’s rejection was correct.