Kerala High Court Refers Maintenance Rights of Hindu Wives to Full Bench

The Kerala High Court has referred to a Full Bench the key issue of whether a Hindu wife is entitled to receive maintenance from her husband’s immovable property, independent of the Hindu Adoptions and Maintenance Act, 1956.

A Division Bench of Justices Satish Ninan and P. Krishna Kumar noted conflicting past rulings and framed questions on whether maintenance rights can extend beyond statutory provisions.

The case arose after a Family Court held that a wife could enforce maintenance as a charge on her husband’s property. The Full Bench will now provide an authoritative ruling on these contentious legal points.