AIR 1972 RAJASTHAN 313 ::1972 RajLW 363 ::ILR (1972) 22 Raj 602

Rajasthan High Court

Hon'ble Judge(s): Kan Singh , J

Hindu Marriage Act (25 of 1955) , S.25, S.9— Claim for maintenance - Decree for conjugal rights - Husband not willing to keep wife - Claim for maintenance u/S.25 - No suit for it under Hindu Adoptions and Maintenance Act - Claim maintainable. Hindu Adoptions and Maintenance Act (78 of 1956) , S.18— Brief Note:- (A) The discretion to grant maintenance under Section 25 of the Hindu Marriage Act vested in the Court which has awarded a decree of conjugal rights under Section 9 of the Act is wider and cannot be controlled by the provisions of the Hindu Adoption and Maintenance Act. Therefore a wife who has obtained a decree for conjugal rights, on a refusal by the husband to keep her, is entitled to apply for grant of maintenance under Section 25 of the Hindu Marriage Act without filing a suit for it under the Hindu Adoptions and Maintenance Act and the Court can in its discretion grant it.