Maintenance of a Hindu wife
The Hindu Adoptions and Maintenance Act, 1956 provide for the maintenance of a Hindu wife by her husband during her lifetime.
A Hindu wife is also entitled for live separately from her husband without forfeiting her claim to maintenance if the husband is guilty of desertion, has treated the wife with cruelty, is suffering from virulent forms of leprosy, if the husband has another living wife, if he has converted to another religion, and/or if the husband keeps a concubine in the same house. However a Hindu wife is not entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by converting to another religion.
The right of a wife to claim maintenance is an incident of the status of matrimony and if the wife succeeds in establishing the relationship of husband and wife, as a matter of course, the wife is entitled for maintenance.
In determining the amount of maintenance, the court will consider the following factors:
a. Position and status of the parties.
b. The reasonable wants of the claimant
c. Properties and income of the claimant etc.
The court can alter the amount of maintenance, whether fixed by a decree of court or by agreement, if there is a material change in the circumstances justifying such alteration.