legally wife and husband- even after separation


A hindu mother left her hindu husband and children and filed case in the court for maintenance from her husband while living separately. She was granted a sum amount by the court for her monthly maintenance. Just one or two years later she again filed a case in the court for maintenance enhancement. There also she got maintenance enhancement by sum amount. Is she still called legally wedded wife of the husband? Please clarify it.

Answers (1)


420 votes
Unless and until divorce has officially taken place she continues to be the legally wedded wife of her husband. A claim for maintenance does not hamper the marital status.

The provision for judicial separation is contained in Section 10 of the Hindu Marriage Act, 1955. The section reads as under: A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought.


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