Written Statement:
In the Court of District Family Judge Raipur Petition No. _____, 2014 ‘A’ w/o ‘B’, 32 Years, R/o Plot- 21, Street- 7, Malviya Nagar, Raipur
… Petitioner Versus
‘B’ s/o ‘X’, 33 Years, R/o Plot- 29, Street- 21, Nehru Nagar, Raipur
…Non-Petitioner
Subject: - Under Order VIII of Civil Procedure Code, 1908. The above named non-petitioner submits as follows: 1) That the contents of Para 1 of the plaint are admitted. 2) That the contents of Para 2 of the plaint are admitted. 3) That the contents of Para 3 of the plaint are not admitted. The non-petitioner never demanded dowry from either the petitioner or her parents. There was no such act of physical assault of the petitioner by the non-petitioner instead they are happily living together in their matrimonial home. 4) That the contents of Para 4 of the plaint are denied. As there was no such act of cruelty so as to cause reasonable apprehension in petitioner’s mind that it will be harmful or injurious to live with her husband, the petitioner is in very much capacity to live together with non-petitioner in their matrimonial home. 5) That the contents of Para 5 are denied. There is no act of cruelty towards the petitioner and therefore there is no ground to live separately and claim maintenance from the non-petitioner.
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Affidavit in support of Written Statement:
In the Court of District Family Judge Raipur Petition No. _____, 2014 ‘A’ w/o ‘B’, 32 Years, R/o Plot- 21, Street- 7, Malviya Nagar, Raipur
… Petitioner Versus
‘B’ s/o ‘X’, 33 Years, R/o Plot- 29, Street- 21, Nehru Nagar, Raipur
…Non-Petitioner
Subject: - Under Order VIII of Civil Procedure Code, 1908. I, the above named non-petitioner, states on oath: 1) That I am the non-petitioner in the present case. 2) That the written statement has been drafted by my counsel under my instructions and has been explained to me by him and I have understood the contents of the written statement properly. 3) That the contents of paragraphs 1 – 6 are true to the best of my knowledge and the contents of paragraphs 7 – 9 are believed to be true on the basis of information given to me by my learned counsel. Signature of Deponent Verification
I, deponent, declares on oath that the contents of paragraphs 1 – 3 are true to the best of my knowledge and nothing has been escaped and false. Date: 1.03.2014
Signature of Deponent
Place: Raipur
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CONCLUSION The right of wife to claim maintenance from husband is an important feature of Hindu Law which has been derived from our age ‐old traditions and customs, Dharamshastras and Shastric Hindu Law. The birth of this valuable right has its logic in the corresponding rights and duties of husband and the wife. It is not only the husband who shoulders the responsibility of maintaining his wife and children besides providing them with love, warmth and affection. The wife has an equal duty to perform in the matrimonial household, foremost among which lies in her sincerity and integrity with the husband. Moreover, she has an equally important task of sharing the feelings of love, sorrow and happiness with her husband. The remedies provided to a wife under the Hindu Law to claim maintenance from her husband has its roots in three different enactments: Hindu Marriage Act 1955; Hindu Adoption and Maintenance Act 1956; and Code of Criminal Procedure 1973. Section 18 of Hindu Adoption and Maintenance Act 1956 provides an independent and substantive remedy to a Hindu wife to lay a claim for maintenance against her husband. This provision confers an important right to the wife to claim any amount of maintenance against her husband, subject of course, to the factors to be considered while awarding the quantum. However, there is no ceiling limit on the amount of claim to be made. It is dependent upon the social environment to which the parties belong and other relevant factors. This project dealt with all the relevant laws relating to maintenance under Section 18 of Hindu Adoption and Maintenance Act 1956 and also discussed a specimen of the petition which needs to be filed by the wife before the District Family Judge.
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BIBLIOGRAPHY Books:
1) DR . AMIT SEN, LEAGAL LANGUAGE, LEGAL WRITING AND LEGAL DRAFTING, Kamal Law House (2nd ed., 2006). 2) KS GOPALAKRISHNANS, PLEADINGS AND PRACTICE, ALT Publications (2004). 3) K USUM, FAMILY LAW LECTURES FAMILY LAW I, Lexis Nexis Butterworths (3 rd ed., 2011). 4) MAYNE’S, HINDU LAW AND USAGE, Bharat Law House (16 th ed., 2012). 5) MURALI MANOHAR , CONVEYANCING
AND
PLEADING, Eastern Book Company (2 nd ed.,
2004). 6) PARAS DIWAN, MODERN HINDU LAW, Allahbad Law Agency (20 th ed., 2009). 7) S.A. DESAI, MULLA: HINDU LAW, Vol II, Lexis Nexis Butterworths (20th ed., 2007). 8) S.R. MYNENI, DRAFTING, PLEADING & CONVEYANCING, Asia Law House (2008). Article:
1) Vandana
R.
Aneja
&
Rajat
Aneja,
Maintenance
of
a
Hindu
http://anejaandaneja.com/MAINTENANCE%20OF%20A%20HINDU%20WIFE%5B1%5D.pdf (Last viewed, February 19, 2014).
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Wife,
BIBLIOGRAPHY Books:
1) DR . AMIT SEN, LEAGAL LANGUAGE, LEGAL WRITING AND LEGAL DRAFTING, Kamal Law House (2nd ed., 2006). 2) KS GOPALAKRISHNANS, PLEADINGS AND PRACTICE, ALT Publications (2004). 3) K USUM, FAMILY LAW LECTURES FAMILY LAW I, Lexis Nexis Butterworths (3 rd ed., 2011). 4) MAYNE’S, HINDU LAW AND USAGE, Bharat Law House (16 th ed., 2012). 5) MURALI MANOHAR , CONVEYANCING
AND
PLEADING, Eastern Book Company (2 nd ed.,
2004). 6) PARAS DIWAN, MODERN HINDU LAW, Allahbad Law Agency (20 th ed., 2009). 7) S.A. DESAI, MULLA: HINDU LAW, Vol II, Lexis Nexis Butterworths (20th ed., 2007). 8) S.R. MYNENI, DRAFTING, PLEADING & CONVEYANCING, Asia Law House (2008). Article:
1) Vandana
R.
Aneja
&
Rajat
Aneja,
Maintenance
of
a
Hindu
http://anejaandaneja.com/MAINTENANCE%20OF%20A%20HINDU%20WIFE%5B1%5D.pdf (Last viewed, February 19, 2014).
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Wife,
