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RIGHT OF MAINTENANCE OF HINDU WIFE

Supreme Court in Kirtikant D. Vadodaria v. State of Gujarat and another, (1996) 4 SCC 479, has held: "According to the law of land with regard to maintenance there is an obligation on the husband to maintain his wife which does not arise by reason of any contract - expressed or implied - but out of jural relationship of husband and wife consequent to the performance of marriage. .. The obligation to maintain them is personal, legal and absolute in character and arises from the very existence of the relationship between the parties."

B.P. Achala Anand vs S. Appi Reddy & Anr AIR 2005 SC 986, A Hindu wife is entitled to be maintained by her husband. She is entitled to remain under his roof and protection. She is also entitled to separate residence if by reason of the husband's conduct or by his refusal to maintain her in his own place of residence or for other just cause she is compelled to live apart from him. Right to residence is a part and parcel of wife's right to maintenance. The right to maintenance cannot be defeated by the husband executing a will to defeat such a right.

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KARNATAKA LAND LAWS

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