The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946

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     THE HINDU MARRIED WOMEN’S RIGHT TO SEPARATE
          RESIDENCE AND MAINTENANCE ACT, 1946




                                      CONTENTS
1.   Short title and extent

2.   Grounds for claiming separate residence and maintenance

3.   Amount of maintenance




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    THE HINDU MARRIED WOMEN’S RIGHT TO SEPARATE RESIDENCE
                  AND MAINTENANCE ACT, 1946.

                                                       1
                                                           ACT No. XIX OF 1946
                                                                                                                              [23rd April, 1946]

               An Act to give Hindu married women a right to separate residence and maintenance under
                                            certain circumstances.

       WHEREAS it is expedient to provide for the right to separate residence and maintenance
under certain circumstances in the case of Hindu married women; It is hereby enacted as follows :—

       1. Short title and extent.—(1) This Act may be called the Hindu Married Women’s Right to
Separate Residence and Maintenance Act, 1946.
           2
               [(2) It extends to the whole of Pakistan.]

       2. Grounds for claiming separate residence and maintenance. Notwithstanding any
custom or law to the contrary a Hindu married woman shall be entitled to separate residence and
maintenance from her husband on one or more of the following grounds, namely,—
           (1) if he is suffering from any loathsome disease not contracted from her ;
       (2) if he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live
with him ;
       (3) if he is guilty of desertion, that is to say, of abandoning her without her consent or against
her wish;
           (4) if he marries again ;
           (5) if he ceases to be a Hindu by conversion to another religion ;
           (6) if he keeps a concubine in the house or habitually resides with a concubine ;
           (7) for any other justifiable cause :

         Provided that a Hindu married woman shall not be entitled to separate residence and
maintenance from her husband if she is unchaste or ceases to be a Hindu by change to another
religion or fails without sufficient cause to comply with a decree of a competent Court for the
restitution of conjugal rights.

       3. Amount of maintenance. When allowing a claim for separate residence and
maintenance under section 2, the Court shall determine the amount to be paid by the husband
to the wife therefore, and in so doing shall have regard to the social standing of the parties
and the extent of the husband’s means.
                                                                        ___________
                                                                                                                               Date: 24-09-2024
1
  This Act has been applied to Baluchistan, see Notification No. 336/B. P. G., dated the 26th November, 1946, Gazette of India, 1946, Pt. I. p. 1675.
  It has been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950).
2
  Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch.




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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.