Rights and Duties of Maintenance in Hindu Law of Bangladesh
Manu said, "Aged parents, chaste wives and children should be protected despite doing a hundred misdeeds."
In the case of children a minor son is to be maintained under the Dayabagha School and in the case of a daughter she is to be maintained till her marriage.
Manitenance of Wife: Maintenance of wife becomes husband's responsibility after marriage in Hindu Society. A wife is entitled to maintenance from her husband, whether he has property or not. When a man marries, with his eyes open, a girl accustomed to a certain style of life, he undertakes to maintain her in that style [Prem Pratap Singh Vs. Jagar Pratap Kunwari, 1944 A LL 118].
The maintenance of the wife by the husband is a matter of personal obligation arising from the existence of the relationship and is not dependent on the husband's possession of ancestral or self-acquired property.
And the duty of the wife is to live under the same roof with the husband and under his control. If she leaves through no fault of her husband, her right to maintenance is suspended. Since Bangladesh and Pakistan do not have divorce under Hindu law, the question of maintenance after divorce does not arise under Hindu law.
Although divorce is not allowed, a wife can claim separate residence along with maintenance from her husband under the Hindu Married Women's Right to Separate Residence and Maintenance Act 1946. A Hindu wife can apply to the Family Court under the above Act. Section 2 of the said Act allows the court to grant decrees in favor of the wife in certain cases including desertion, polygamy, conversion, suffering from leprosy and cruelty etc.
“A wife is entitled to separate residence and maintenance if she can prove that by reason of his misconduct or refusal to maintain her at her own residence or for any other reasonable cause, she is compelled to live apart from him as if he habitually treats her with such cruelty. by doing which endangers his personal safety” Matangini v. Yogendra 1892, 19, CAL 84.
The Supreme Court of Bangladesh in the case of Gopal Chandra v Mitali Rani Chandra 16 MLR (AD) 2010 23-26 held,
"Hindu marriage is sacred and indissoluble. If the husband abuses and neglects his wife and her cohabitation with the husband is not secure, she is entitled to separate residence and maintenance.”
Where to sue: If a Hindu wife wishes to sue for maintenance, she has to file a suit in the family court. (as per Family Courts Act, 1985, section 5)
