Can Hindu women claim maintenance after divorce?
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Can Hindu women claim maintenance after divorce? Yes, absolutely, women Hindu divorcee’s do have the right to claim maintenance (money from the husband) as per Hindu marriage act 1955. A Hindu wife (the woman, who married under the Hindu Marriage Act) has a right to maintain her husband after divorce and remarriage and she is not deprived of maintenance for her husband’s inability to earn money. According to Hindu Marriage Act, a married woman can file an action for divorce
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The Divorce Act of 1869 and Section 197 of the Hindu Succession Act, 1956, provide a fair and just procedure for maintenance to a Hindu woman, whether a minor or an adult. In 2013, a bench of the Supreme Court clarified that under Article 14 of the Constitution of Pakistan and Section 25(1) of the Islamic Republic of Pakistan, both laws provide that an Hindu man or a man seeking divorce shall have the right to remarry,
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Hindu women cannot claim maintenance after divorce, but it is a different matter when they get divorced on the grounds of ‘hindu mata raja,’ which means that the Hindu husband, after having married a Muslim woman, becomes the slave of his wife under the agreement, and she is allowed to claim maintenance from him. In Hindu law, there is no definition of ‘husband,’ as in Muslim law. A Hindu woman can marry a Muslim man or an Indian woman and, by marriage, convert to Islam or Hinduism. In case of divor
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“When a divorced Hindu woman files a case for maintenance under Muslim Women (Protection of Rights on Marriage) Act, 2006, her main question in the court is how much maintenance she is entitled to, and whether her husband can claim it as maintenance. Hindu women have long been fighting for their right to claim maintenance, which is the financial support given by their husband to meet their daily expenses, including buying food, clothes, and other needs. But unfortunately, their request for maintenance has been denied for years. Even though Section 14 of
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Can Hindu women claim maintenance after divorce? If you’re a Hindu woman in Karachi seeking a divorce, there’s a good chance that your maintenance (kalaam) will be claimed after the divorce by your husband. You might not think that this is fair. But there’s nothing wrong with it. In Pakistan, divorce in all cases is a religious and moral issue between two individuals. Divorce law says that if a husband has committed a major sin (dharmakhanda) like adultery, the woman
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Claiming maintenance for an Hindu wife after a divorce in Pakistan is challenging due to the following reasons: 1. Religion-based laws: Pakistan is a secular country where the law of the land is based on religion. In Hindu and Jain law, divorce is not an option, and maintenance is considered a necessary duty to support the wife’s needs. 2. Hindu customs: Traditional Hindu customs also govern the divorce process, and any discrepancy can lead to challenges. hire advocate Women are believed to carry
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In recent times, many Hindu women who are divorced and are seeking maintenance (maintenance of their living expenses after divorce) have filed cases before civil courts in Karachi. However, despite this, there is no law in Pakistan which provides the Hindu women with maintenance after divorce. Many judges at the civil courts have made a finding that maintenance is not a statutory requirement in Pakistan, and it is not an obligatory duty of the husband on his ex-wife after divorce. Moreover, a few Muslim women who have filed maintenance cases
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In Hindu families, after divorce women get separated, the woman is not allowed to get any maintenance or financial support from her former partner as per the Islamic concept. Women are considered to be the property of their husbands in Hindu family law. However, in recent times, the law has been changed, and women have got more rights. I am a practicing advocate and I have handled divorce cases. In my opinion, divorced Hindu women have the right to claim maintenance from their former husband/partner in the same way they can demand maintenance