The hindu adoption and maintenance act, 1956

 The Hindu Adoptions and Maintenance Act (HAMA) was
enacted in India in 1956 as part of the Hindu Code Bills.
 The other legislations enacted during this time include
1)The Hindu Marriage Act (1955),
2)The Hindu Succession Act (1956),
3)The Hindu Minority and Guardianship Act (1956).
The Adoptions and Maintenance Act of 1956 dealt specifically
with
1)the legal process of adopting children by a Hindu adult,
2) with the legal obligations of a Hindu to provide
"maintenance" to various family members including their
wife or wives, parents, and in-laws

 Preliminary-
 1 Short title and extent
 2 Application of Act
 3 Definitions
 4 Overriding effect of Act

 Chapter II Adoption
 5 Adoptions to be regulated by this Chapter
 6 Requisites of a valid adoption
 7 Capacity of a male Hindu to take in adoption
 8 Capacity of a female Hindu to take in adoption
 9 Persons capable of giving in adoption
 10 Persons who may be adopted
 11 Other conditions for a valid adoption
 12 Effects of adoption
 13 Right of adoptive parents to dispose of their properties
 14 Determination of adoptive mother in certain cases
 15 Valid adoption not to be cancelled
 16 Presumption as to registered documents relating to adoption
 17 Prohibition of certain payments

 Chapter III Maintenance
 18 Maintenance of wife
 19 Maintenance of widowed daughter-in-law
 20 Maintenance of children and aged parents
 21 Dependants defined
 22 Maintenance of dependants
 23 Amount of maintenance
 24 Claimant to maintenance should be a Hindu
 25 Amount of maintenance may be altered on change of
circumstances
 26 Debts to have priority
 27 Mainteance when to be a charge
 28 Effect of transfer of property on right to maintenance
 Chapter IV Repeal And Saving
 29 [Rep. by the Repealing and Amending Act, 1960]
 30 Saving

 This Act covers Hindus, Buddhists, Jains or Sikhs. Some relevant
parts of the Act are:
 Married couples or single adults can adopt;
 Legally the man adopts with the consent of his wife;
 A single man or woman can adopt;
 If a biological child already exists in the family, a child of the
opposite sex has to be adopted;
The Hindu Adoption and Maintenance Act,
1956 (HAMA)

 Children adopted under this Act get the same legal rights as a
biological child might;
 Children under the age of 15 years can be adopted;
 A single man adopting a girl should be at least 21 years older
than the child;
 A single woman adopting a boy should be at least 21 years
older than the child; and
 Adoption under this act is irrevocable.

 OTHER ACTS DEALS WITH ADOPTION IN INDIA

 Before the Juvenile Justice (Care and Protection) Act of 2000, this was
the only legislation that allowed non-Hindus to adopt.
 However, this act ended up being the first secular law that allowed for
a child to be adopted in India. The salient points of this Act are:
 The parent adopting is a ‘guardian’ and the child is a ‘ward’, meaning
that the same rights of a biological child aren’t inherent;

 Anyone under the age of 18 years can be a ward;
 The guardianship can be revoked by the courts or by
the guardian;
 A will is required for any property/goods to be
bequeathed to the child;
 This will can be legally contested by ‘blood’ relatives;
 Both spouses can legally be guardians (versus HAMA
where the man adopts with the consent of his wife);
and
 Single people can adopt without any age difference
restrictions.

 The JJ Act is meant mainly for the care and
rehabilitation of children in conflict with the law.
 There was the need for a law that would allow
children the same rights, whether they were
adopted or biological.
 There was also the need for a law that delinked
adoption from the religion of the adoptive
parent(s). The JJ Act filled this space and a tiny
section was added on for adoption.
 The Amendment Act of 2006 has since expanded the
provisions. The main strengths of this Act are:

 Any Indian citizen can adopt a child who is legally free for
adoption;
 The adoptee gets the same rights that a biological child
might;
 The religion of the adoptive parent(s) is not relevant;
 Single people can adopt;
 The adoption is irrevocable;
 Some time limits have been set to ensure that children are
considered legally free for adoption earlier; and
 The thrust is on the best interest of the child.

 The Hon’ble Court also stated that adoption was a
matter of personal choice and there was no compulsion
on any person to adopt or adopt child.
 The Juvenile Justice Act, 2002 defines adoption in
Section 2(aa). It confers upon the adoptive parents and
the child all rights, privileges and responsibilities that
are attached to a normal parent child relationship.
 With this declaration, prospective parents, irrespective
of their religious background would be free to access the
provisions of the Juvenile Justice Act – a secular act, for
adoption of children after following the procedure
prescribed.

 Indian citizens, non-resident Indians and non-Indians residing
outside India can adopt a child from India.
 While these adoptions are also legalized under one of the three
Acts mentioned above, the rules related to these adoptions can be
different.
 These differences are a function of the priority given to Indians
residing in India while placing a child, the regulations of the
countries in which the adoptive families reside and the relevant
immigration laws

 (1) The Act will apply only to Hindus but the term Hindu
has been interpreted in a very wide connotation so as to
include Jains, Sikhs, and Buddhists. All the texts, rules
and customes, which were in vouge, immediately before
the Act came into existence shall cease to have effect with
respect to any matter for which provision is made in this
Act.
 (2) The Act provides for the adoption not only of boys
but also of girls.

 (2) The Act specially affected the right and capacity of a
Hindu female to adopt a child. Married women cannot adopt
a child in the life time of her husband without his consent.
After the death of the husband she becomes fully competent
to adopt a child. She no longer requires the prior consent
of her husband to adopt after the death of her husband.
Hindu female’s right to adopt has been considerably
enlarged.
 She can adopt even during her maidenhood or after the
death of her husband in case he had died issueless

 (4) The Act does not provide for the performance of
ceremony of ‘Datta Homam’. The only requirements
under the Act is to transfer the boy or the girl physically
and acceptance of the child in adoption by the adoptor.
 (5) There have been a significant changes in the law
relating to the consequences of a valid adoption. Now
after the Act the adopted child cannot divest any person of
any property in the adoptive family which has already
vested in him.
 Under the old law the adopted son was competent to
divest any collateral of any property which had vested in
him before the act of his adoption, but under the present
Act the adopted child cannot do the same.

 Thus the Doctrine of Relation Back has been completely
abrogated according to which a son adopted by the widow
was deemed to have come into existence in the adoptive
family on the day of the death of her husband.
 (6) Now under the present Act a male Hindu cannot
adopt a child except with the consent of his wife
whereas no such law existed prior to the Act. Under the
old law the widow could not adopt except the consent of
her husband. The law has been reversed.
 (7) The present law of adoption has been applied to all the
sub-schools of Mitakshara as well as Dayabhag alike and
all the difference which existed between two schools have
come to an end

 From the date of the adoption, the child is under the
legal guardianship of the new adopted parent(s) and thus
should enjoy all the benefits from those family ties.
 This also means that this child, therefore, is cut off from
all legal benefits (property, inheritance, etc.) from the
family who had given him or her up for adoption

 In simple terminology, the term ‘adoption’ means acceptance of a child
of other parents to be the same as one’s own child or the choosing and
making that to be one’s own which originally was not so. In legal
terminology, adoption enables a childless person to make somebody
else’s child as his own.
 But there has been an acute controversy among judges whether in
adoption the secular motive predominates or the religious motive
predominates .
 In the case of Inder singh v. Kartar Singh , the court stated that the
object of adoption is twofold:-
 To secure performance of one’s funeral rites
 To preserve the continuance of one’s lineage

 In the Hindu law the requirements for a valid adoption.
The Act reads,
No adoption is valid unless -
# The person adopting is lawfully capable of taking in
adoption
# The person giving in adoption is lawfully capable of
giving in adoption
# The person adopted is lawfully capable of being
taken in adoption
# The adoption is completed by an actual giving and taking
and The ceremony called datta homan (oblation to the
fire) has been performed.


a. if the adoption is of a son, the adoptive father or mother by whom
the adoption is made must not have a Hindu son, son's son or son's
son's son living at the time of adoption
b. if the adoption is of a daughter, the adoptive father or mother by
whom the adoption is made must not have a Hindu daughter or son's
daughter living at the time of adoption;
c. if the adoption is by a male and the person to be adopted is a male,
the adoptive father is at least twenty one years older than the person to
be adopted;
d. if the adoption is by a female and the person to be adopted is a male,
the adoptive mother s at least twenty one years older than the person to
be adopted;
e. the same child may not be adopted simultaneously by two or more
parents; the child to be adopted must be actually given and taken in
adoption with an intent to transfer the child from the family of birth

 1. Open Adoption- it means that the adoptive parents and
the birth parents keep in touch with each other.
 2. Semi-Open Adoption - does not involve direct contact
between the birth parents and the adoptive parents
 3. Closed Adoption -this kind of adoption involves
absolutely no contact between the adoptive parents and
the birth parents.
 4. Intra-family Adoption/Relative Adoption –adoption
that happens within the family
 5. Domestic Adoption -it refers to adoption that happens
within the country
 6. International Adoption - involves adopting a child
from outside the country or in other words giving a child to
the couple (adoptive parents) who are not a native of that
country.

 Any male Hindu (including Buddhist, Jain or Sikh by
religion) who is of sound mind, not a minor and is eligible
to adopt a son or a daughter”.
 But if such male has living spouse at a time of adoption
then he can adopt a child only with a consent of his wife
(unless she has been declared incompetent to give her
consent by the court).
 “Any female Hindu (including Buddhist, Jaina or Sikh by
religion) who is not married, or if married, whose
husband is not alive or her marriage has been dissolved
or her husband has been declared incompetent by the court
has the capacity to take a son or daughter in adoption”.

 Conditions for adoption by Hindu couples or single parent
 1. “In case of adoption of a son by any Hindu male or female,
there should not be any living son in the succeeding three
generation of the party (whether by legitimate blood relationship
or by adoption) at the time of adoption.
 2. In case of adoption of a daughter by any Hindu male or
female, they should not have any daughter or son’s daughter at
the time of adoption.
 3. Where there is an adoption of a daughter by a male then the
adoptive father should be at least twenty-one years older than the
child.
 4. Where there is an adoption of a son by a female than the
adoptive mother should be at least twenty-one years older than
the child”.

 The adopted child can be either male or female.
 The adopted child must fall under the Hindu category.
 The adoptee also needs to be unmarried; however, if the
particular custom or usage is applicable to the involved parties
then the adoptee can be married.
 The child cannot be the age of fifteen or older, unless again it is
custom or the usage is applicable to the involved parties.
 An adoption can only occur if there is not a child of the same sex
of the adopted child still residing in the home. In particular, if a
son were to be adopted then the adoptive father or mother must
not have a legitimate or adopted son still living in the house

 Prospective parents must register at a licensed adoption
placement agency with the entire required document.
 Then the worker from the agency will approach the parents for
a home study.
 After finding out a suitable child, the agency will call the
prospective parents to meet the child.
 If the parents approve, the agency may hand over the child
once a foster care agreement is signed.
 Meanwhile, the agency’s lawyer files a petition for adoption on
behalf of the couple, either before the court or Juvenile Justice
Board, depending on the law under which the adoption will
take place.
 The agency representative and the parents register the adoption
deed as a proof of completion of adoption

 Some facts about domestic adoption
procedure in India:

 The first and foremost thing to do is to get registered for
adoption with an Adoption Coordinating Agency (ACA)
situated at the capital city of every state or approach an agency
certified by Central Adoption Resource Authority (CARA) in
New Delhi for registration.
 Be aware of the fact that there are many unauthorized and
unlicensed orphanages and institutions all over the country run
by private individuals, hospitals, doctors etc. They may agree
with the request for adoption without much documentation
proceedings or legal formalities, but the real fact is that such
adoptions will be held illegal by the government and the
parents may get into trouble with law and it may also lead to
various issues such as exploitation by fraudsters and
middlemen.
 Children who are adopted through such illegal grounds will be
denied of their rightful inheritance and benefits once their
adoptive parents have passed away or divorced.


Any male Hindu, who is of sound mind and is not a minor, has
the capacity to take a son or daughter in adoption.
 Provided that if he has a wife living, he shall not adopt except
with the consent of his wife, unless his wife has completely and
finally renounced the world or has ceased to be a Hindu, or has
been declared by a court of competent jurisdiction to be of
unsound mind.
 If a person has more than one wife living at the time of adoption
the consent of all the wives is necessary unless the consent of
one of them is unnecessary for any of the reasons specified in the
preceding provision.

 In the case of Sarabjeet kabir v. Gurumal Kaur, AIR 2009
NOC 889 (P & H), the Court upheld that if adoption taken by the
husband without the consent of the wife, that adoption will be
illegal.
 he consent of the wife of a male Hindu is not necessary in the
following three conditions:-
 The wife has completely and finally renounced the world, or
 The wife has ceased to be Hindu, or
 The wife has been declared by a Court of competent jurisdiction
to be unsound mind.
 In Krishna Chandra Sahu v. Pradeep Das, AIR 1982 Orissa
114, the Court held that where the above three disabilities of wife
have not been established the consent of such wife would be
mandatory for a valid adoption. If the consent of wife is not
established, the Court will declare the Adoption null and void

 Any female Hindu
a. who is of sound mind
b. who is not a minor, and
c. who is not married, or if married, whose marriage has been
dissolved or whose husband is dead or has completely and
finally renounced the world or has ceased to be a Hindu, or has
been declared by a court of competent jurisdiction to be of
unsound mind, has the capacity to take a son or daughter in
adoption
 Where the woman is married it is the husband who has the right
to take in adoption with the consent of the wife


a. No person except the father or mother or guardian of the child
shall have the capacity to give the child in adoption.
b. The father alone if he is alive shall have the right to give in
adoption, but such right shall not be exercised except with the
consent of the mother unless the mother has completely and finally
renounced the world or has ceased to be a Hindu, or has been
declared by a court of competent jurisdiction to be of unsound mind.
c. The mother may give the child in adoption if the father is dead
or has completely and finally renounced the world or has ceased to
be a Hindu, or has been declared by a court of competent
jurisdiction to be of unsound mind.

 d. Where both the father and mother are dead or have
completely and finally renounced the world or have
abandoned the child or have been declared by a court of
competent jurisdiction to be of unsound mind or where the
parentage of the child is unknown - the guardian of the
child may give the child in adoption with the previous
permission of the court. The court while granting
permission shall be satisfied that the adoption is for the
welfare of the child and due consideration will be given to
the wishes of the child having regard for the age and
understanding of the child.
The court shall be satisfied that no payment or reward in
consideration of the adoption except as the court may
sanction has been given or taken.

 No person can be adopted unless
a. he or she is a Hindu;
b. he or she has not already been adopted;
c. he or she has not been married, unless there is a custom or
usage applicable to the parties which permits persons who
are married being taken in adoption;
d. he or she has not completed the age of fifteen years unless
there is a custom or usage applicable to the parties which
permits persons who have completed the age of fifteen years
being taken in adoption

 Under the present law an orphan could also be taken in adoption. In
such cases the guardian of the orphan can obtain the permission of
the court to this event and thereafter could give the child in adoption.
 The case of Balakrishna v. Sadashive-1977, another case
of Mayaram v. Jai Naraian -1989 and Kodippa Rama Papal urf
Shirke v. Kannappam -1990. It was held that where customs or
traditions allow there a person above 15 years of age or married can
be adopted.
 Where, as among Maharashtra School and Jains a person of any age
can be adopted refer case of Bishan v. Girish-1986.
 Another case of Dev Gonda v. Sham gonad -1992, the Bombay
High Court held that any insane can also be adopted. Further any
orphan found child or abandon child may be adopted
Adoption of an orphan- Adoption of an orphan-

 if the adoption is of a son , the adoptive father or mother by
whom the adoption is made must not have a Hindu son, son’s son
or son’s son’s son (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
 if the adoption is of a daughter, the adoptive father or mother by
whom the adoption is made must not have a Hindu daughter or
son’s daughter (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
 if the adoption is by a male and the person to be adopted is a
female, the adoptive father is at least 21 years older than the
person to be adopted;
Other conditions for a valid adoption --
Section 11

 if the adoption is by a female and the person to be adopted is a
male, the adoptive mother is at least twenty-one years older than
the person to be adopted;
 the same child may not be adopted simultaneously by two or
more persons (does not refer to if both persons are adoptive
mother and father) ;
 the child to be adopted must be actually given and taken in
adoption by the parents or guardian concerned or under their
authority with intent to transfer the child from the family of its
birth or in the case of an abandoned child or child whose
parentage is not known, from the place or family where it has
been brought up to the family of its adoption:
 Provided that the performance of datta homam shall not be
essential to the validity of adoption.

 An adopted child shall be deemed to be the child of his or her adoptive
father or mother for all purposes with effect from the date of the
adoption and from such date all the ties of the child in the family of his
or her birth shall be deemed to be severed and replaced by those
created by the adoption in the adoptive family:
 Provided that- (a) the child cannot marry any person whom he or she
could not have married if he or she had continued in the family of his
or her birth;
 (b) any property which vested in the adopted child before the adoption
shall continue to vest in such person subject to the obligations, if any,
attaching to the ownership of such property, including the obligation to
maintain relatives in the family of his or her birth;
 (c) The adopted child shall not divest any person of any estate which
vested in him or her before the adoption

 where there is no agreement to the contrary, an adoption does not
deprive the adoptive father or mother of the power to dispose of
his or her property by transfer inter vivos or by will.
 Thus an adoptive parent is in no way restrained in the disposal of
their property by reason of adoption.
 Adoptive parent’s right to disposing off his property is subject to
an agreement to the contrary that might have been entered into at
the time of adoption between the adoptive parents and the natural
parents on behalf of the child for his benefit. Under the Act, thus,
agreements restricting the power of alienation of the adoptive
parents is void.

 Section 14 lays down as to how an adopted child will be related to certain
relations of adopter. The Section provides for the determination of adoptive
mother in certain cases. The Section lays down that –
 (1) Where a Hindu who has a wife living adopts a child, she shall be deemed
to be the adoptive mother.
 (2) Where an adoption has been made with the consent of more than one
wife, the senior-most in marriage among them shall be deemed to be the
adoptive mother and the others to be step-mothers.
 (3) Where a widower or a bachelor adopts a child, any wife whom he
subsequently marries shall be deemed to be the step-mother of the adopted
child.
 (4) Where a widow or an unmarried woman adopts a child, any husband
whom she marries subsequently shall be deemed to be the step-father of the
adopted child.

 Section 17 (1) states that no person shall receive and no person
shall make or give to any other person any payment or reward the
receipt of which is prohibited by this section.
 Section 17 (2) provides that if any person contravenes the provisions
of Section 17 (1), he shall be punishable with imprisonment which may
extend to six months, or with fine, or with both.
 Finally, Section 17 (3) states that no prosecution under this section
shall be instituted without the previous sanction of the State
Government or an officer authorized by the State Government in this
behalf.

 (1) Subject to the provisions of this section, a Hindu wife,
whether married before or after the commencement of this Act,
shall be entitled to be maintained by her husband during her
lifetime.
 (2) A Hindu wife shall be entitled to live separately from her
husband without forfeiting her claim to maintenance,-
 (a) if he is guilty of desertion, that is to say, of abandoning her
without reasonable cause and without her consent or against
her wish, or of wilfully neglecting her;
 (b) if he has treated her with such cruelty as to cause a
reasonable apprehension in her mind that it will be harmful or
injurious to live with her husband;

 (c) if he is suffering from a virulent form of leprosy;
 (d) if he has any other wife living;
 (e) if he keeps a concubine in the same house in which his
wife is living or habitually resides with a concubine
elsewhere;
 (f) if he has ceased to be a Hindu by conversion to another
religion; (g) if there is any other cause justifying her living
separately.
 (3) A Hindu wife shall not be entitled to separate residence
and maintenance from her husband if she is unchaste or
ceases to be a Hindu by conversion to another religion.

 Section 19 provide that after the death of her husband, a Hindu
wife is entitled to be maintained by her father-in-law. It is
immaterial whether such a woman had married before or after
the commencement of this Act. Further, she can exercise this
right only if she is unable to maintain herself out of her own
earnings or other property, or in cases where she has no property
of her own, is unable to obtain maintenance:
 (a) Out of the estate of her husband or her father or her mother;
or
 (b) From her son or daughter or his or her estate.

 This right of a Hindu widow to claim maintenance from her father-in-law
cannot be enforced if the father-in-law does not have the means to do so
from any coparcenary property in his possession out of which the daughter-
in-law has not obtained any share. Further, his obligation ceases, in all
cases, when the daughter-in-law re-marries.
 It has been held that if the father-in-law is in possession of self- acquired as
well as ancestral property, and the income from the self- acquired property
is sufficient for maintaining him and his wife, in considering the claim of
the widowed daughter-in-law for maintenance out of the ancestral property,
the income of the self- acquired property cannot be ignored. (Jal Kaur v.
Pala Singh, I.C.R: (1961) 2 Punj. 151)
 Like the previous Section, this Section too must be read with S. 23, which
lays down that it shall be in the discretion of the Court to decide whether
any, and if so, what maintenance shall be awarded under the provisions of
this Act.

 (1) Subject to the provisions of this section a Hindu is bound, during his or
her lifetime, to maintain his or her legitimate or illegitimate children and his
or her aged or infirm parents.
 (2) A legitimate or illegitimate child may claim maintenance from his or her
father or mother so long as the child is a minor.
 (3) The obligation of a person to maintain his or her aged or infirm parent or
a daughter who is unmarried extends in so far as the parent or the unmarried
daughter, as the case may be, is unable to maintain himself or herself out of
his or her own earnings or other property. Explanation.—In this section
“parent” includes a childless step-mother.

 For the purposes of this Chapter "dependants" means the following
relatives of the deceased:
 (i) his or her father;
 (ii) his or her mother;
 (iii) his widow, so long as she does not re-marry;
 (iv) his or her son or the son of his predeceased son or the son of
predeceased son of his predeceased son, so long as he is a minor:
 PROVIDED and to the extent that he is unable to obtain maintenance,
in the case of a grandson from his father's or mother's estate, and in the
case of a great grand-son, from the estate of his father or mother or
father's father or father's mother;
 (v) his or her unmarried daughter, or the unmarried daughter of his
predeceased son or the unmarried daughter of a predeceased son of his
predeceased son, so long as she remains unmarried:

 PROVIDED and to the extent that she is unable to
obtain maintenance, in the case of a grand-daughter
from her father's or mother's estate and in the case
of a great-grand-daughter from the estate of her
father or mother or father's father or father's mother;
 (vi) his widowed daughter
 PROVIDED and to the extent that she is unable to
obtain maintenance-
 (a) from the estate of her husband, or
 (b) from her son or daughter if any, or his or her
estate; or
 (c) from her father-in-law or his father or the estate
of either of them;
 (vii) any widow of his son or of a son of his
predeceased son, so long as she does not remarry:

 PROVIDED and to the extent that she is unable to obtain
maintenance from her husband's estate, or from her son or
daughter, if any, or his or her estate; or in the case of a
grandson's widow, also from her father-in-law's estate
 (viii) his or her minor illegitimate son, so long as he
remains a minor;
 (ix) his or her illegitimate daughter, so long as she remains
unmarried

 (1) It shall be in the discretion of the court to determine whether any,
and if so what, maintenance shall be awarded under the provisions of
this Act, and in doing so the court shall have due regard to the
considerations set out in sub-section (2), or sub-section (3), as the case
may be, so far as they are applicable.
 (2) In determining the amount of maintenance, if any, to be awarded to a
wife, children or aged or infirm parents under this Act, regard shall be
had to-
 (a) the position and status of the parties;
 (b) the reasonable wants of the claimant;
 (c) if the claimant is living separately, whether the claimant is justified
in doing so;
 (d) the value of the claimant's property and any income derived from
such property, or from the claimant's own earnings or from any other
source;
 (e) the number of persons entitled to maintenance under this Act.

 (3) In determining the amount of maintenance, if any, to be
awarded to a dependant under this Act, regard shall be had to-
 (a) the net value of the estate of the deceased after providing
for the payment of his debts;
 (b) the provision, if any, made under a will of the deceased in
respect of the dependant;
 (c) the degree of relationship between the two;
 (d) the reasonable wants of the dependant;
 (e) the past relations between the dependant and the deceased;
 (f) the value of the property of the dependant and any income
derived from such property; or from his or her earnings or from
any other source;
 (g) the number of dependants entitled to maintenance under
this Act.

 (1) Subject to the provisions of this section, a Hindu wife,
whether married before or after the commencement of this
Act, shall be entitled to be maintained by her husband
during her life time.
 (2) A Hindu wife shall be entitled to live separately from
her husband without forfeiting her claim to maintenance-
 (a) if he is guilty of desertion, that is to say, of abandoning
her without reasonable cause and without her consent or
against her wish, or wilfully neglecting her;
 (b) if he has treated her with such cruelty as to cause a
reasonable apprehension in her mind that it will be
harmful or injurious to live with her husband;

 (c) if he is suffering from a virulent form of leprosy;
 (d) if he has any other wife living;
 (e) if he keeps a concubine in the same house in which his
wife is living or habitually resides with a concubine
elsewhere;
 (f) if he has ceased to be a Hindu by conversion to another
religion;
 (g) if there is any other cause justifying her living
separately.
 (3) A Hindu wife shall not be entitled to separate residence
and maintenance from her husband if she is unchaste or
ceases to be a Hindu by conversion to another religion.

The hindu adoption and maintenance act, 1956

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The hindu adoption and maintenance act, 1956