AIR 1995 GUJARAT 88 ::(1995) 2 HinduLR 74 ::1995 (2) Civ LJ 792 ::(1996) 1 CivilCourtC 3 ::(1996) 1 DMC 432 ::(1995) 1 Guj LH 293 ::1996 (2) LJR 79 ::(1995) 1 Guj LR 532

Gujarat High Court

Hon'ble Judge(s): R. A. Mehta , J

(A) Hindu Adoptions and Maintenance Act (78 of 1956) , S.18(1)— Hindu Marriage Act (25 of 1955) , S.25— Word "wife" in both sections - Includes divorced wife. Section 18 of the Hindu Adoptions and Maintenance Act when it provides for maintenance for wife, it includes a divorced wife. (Para 8) Originally, the Hindu marriage, succession minority, guardianship, adoption and maintenance were part of one Hindu Code Bill and later on they took statutory form by different Acts, but the Legislative intention to provide maintenance to the spouse even after divorce which is contained in Section 25 of the Hindu Marriage Act, has to be read into both Section 25 of the Hindu Marriage Act and Section 18 of Hindu Adoptions and Maintenance Act. Same legislature cannot be @page-Guj89 imputed with two different intentions in respect of the same couple on the same question. Under Section 25 of the Hindu Marriage Act, if the provision regarding maintenance is to be applicable both to a wife and a divorced wife, there is no reason why the same word "wife" which is used in Section 18 should not be read in the same manner because both these provisions deal with the question of maintenance between a husband and a wife. Under Section 25 of the Hindu Marriage Act, there cannot be any doubt ....