A Hindu wife had been living with her children and all the children had been brought up by her without any assistance and help from the husband many years. The wife was entitled to separate residence and maintenance under

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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21.

A Hindu wife had been living with her children and all the children had been brought up by her without any assistance and help from the husband many years. The wife was entitled to separate residence and maintenance under

A: Section 18 (2) (f) of Hindu Adoptions and Maintenance Act

B: Section 18 (2) (d) of Hindu Adoptions and Maintenance Act

C: Section 18 (2) (a) of Hindu Adoptions and Maintenance Act

D: Section 18 (2) (g) of Hindu Adoptions and Maintenance Act

The answer is: C

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Explanation

The correct option is:

C: Section 18 (2) (a) of Hindu Adoptions and Maintenance Act

Explanation:

Section 18 of the Hindu Adoptions and Maintenance Act, 1956 deals with the provision for maintenance of wife. Subsection (2) lists various circumstances under which a Hindu wife is entitled to live separately from her husband and claim maintenance. Among these circumstances, option (a) of Section 18 (2) states:

"(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or willfully neglecting her;"

In the scenario described, where the Hindu wife has been living with her children and raising them without any assistance or help from the husband for many years, it could be argued that the husband is guilty of willfully neglecting the wife. Therefore, under Section 18 (2) (a), the wife may be entitled to live separately and claim maintenance from the husband.