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(Guest)

Under hindu marriage maintenance and adoption act sec18(3)of act 78 of 1956

Sir this is Naik, my wife files 498 A R/w 34, sec 3 & 4 of Dpc 1961 act, and filed maintenance case against me.

My doubt is : she was regularly followed the Christianity religion, even though my marriage was held  as per Hindu religion, my family following Hindu religions After my marriage, she never follows the Hindu religion at my home when was lives with me. 

Now junior court given order to pay 8000 rupee as interior maintenance to her and my daughter(she is now with her mother). 

I have some hand written documents of prepared praying to Christian God and important point noted down from Bible  by my wife is there as proof. But i don't have any  baptized certificate of my wife as to prove as Christianity. 

As per Hindu marriage maintenance and adoption act Sec18(3)of act 78 of 1956 , with above documentary evidence, can i use as per this act to decline the maintenance tobmy wife. 

Please suggest me sir with some of example case. 

If any such cases already trialled in any court, please share the link, then I will download to study those cases

 

Please help me sir. 



 



Learning

 12 Replies

Adv.Asgher Mahdi (Advocate)     16 January 2023

First of all you need to prove with documentary evideneces she converted to christianity to disolve the marriage as of you follow hindu religion. what have been explained evidence are not direct evidence as payment made to church or any christianity organisations. Any person can donate whereas, if she has given under the capacity as a christian then it may helpful. Till, such time of disolution of your marriage follow the given court order.

Dr J C Vashista (Advocate)     16 January 2023

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding to decline maintenance, if possible.

Real Soul.... (LEGAL)     16 January 2023

You cannot escape from maintenance , you have to pay maintenance and if you are aggrieved of order just file revision.

Dr J C Vashista (Advocate)     17 January 2023

If you have evidence qua conversion of her faith from Hindu (at the time of marriage) to Christian, she is not entitled for maintenance under the provisions of Section 18(3) of the Hindu Maintenance and Adoption Act, 1956.


(Guest)

Yes sir, I have the proof of she is staying in Church over a 3 months periods given by church pastor (father) and her statement also recorded in Police station. 

Handwritten statement from Bible of my wife. 

But my doubt is it is enough?

or

related judgement copy are also I have submit to the  court judge. 

I don't know how to get get related judgement copys under Section 18(3) of the Hindu Maintenance and   Adoption act 1956.



 

Asgher Mahdi (Advocate & Legal Advisor)     17 January 2023

Please note , being stay in the church for 3 months given by pastor, statement given in Police Station ( You have not mentioned what statment she gave? Does, she she said she has converted to Christianity?) these are not fool proof support to your case. The fact being that, she or the church authority may take a defence that she has been isolated but gave humanitarian support to stay. Further, deposing before Police Station is not taken into account as evidece even so if she deposes she has converted to christianity.  In respect of hand written bible the same can be defended as she asked to do the job as her handwitting is good or for labor, that doesnot prove she has converted to christianity unless there is a declaration in public for herself to support she has been converted to christianity. 

Let us know, whether thte case is contested by you in person or with an hired advocate sevices? If the same is hired by you then advocate will take care of it. If you are not satisfied with the pleading of the advocate, better choice you can change it another to whom you have trust. This forum is to help those who have doubts and have no advocate or advocate himslef.


(Guest)

Ok sir thanq so much for spending your valuable time for me sir. 🤝🤝🤝🙏🙏

Sudhir Kumar, Advocate (Advocate)     19 January 2023

Her having faith in Christianity  / having bible / going to church etc is absolutely irralevent.

 

In case you can prove (whih given fats say youcannot ) that she convered to christianity then at the most you can move for disssolution of marriage.

 

But this does not provde any immunity /protection to you against 498a or DP Act. Women of all faiths have equal right to be protected under these laws. Criminal Law in India is secular.

Shashi Dhara   19 January 2023

You summon the church father or bishop to court to clarify  about it or your doubt  they usually tell truth in court whether she has changed her religion or not ,once enquiry about it in Church.

Sandeep Pamarati (Advocate)     21 January 2023

Maintenance case meaning a petition under 125 Cr.P.C., right? If so, it is secular provision. Your wife can file it and the same is maintainable under Law.

On what basis the Trial Court allowed Interim Maintenance? Dispute the Order at Revisional Court challenging the reasons given by the Trial Court.

HAMA 1956 has no application in this maintenance case.

Dr J C Vashista (Advocate)     22 January 2023

@ Naik,

The facts posted by you lack clarity qua the provision under which your wife has moved and granted maintenance.

You must have engaged / paid some prudent lawyer to protect your interest, if so, what is his / her opinion and advise and why do you need second opinion and obligation of experts on this platform on the basis of facts posted in bits and pieces ???

1 Like

(Guest)

Ok sir sure, I will engaged  prudent lawyer

 


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