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Section 24: Claimant to maintenance should be a Hindu

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 23 All 30 Sections of Hindu Adoptions & Maintenance Section 25

Legal Commentary & Landmark Judgments: Section 24

Section 24 establishes a statutory disqualification barring any person who has ceased to be a Hindu by conversion to another religion from claiming maintenance under Chapter III of HAMA.

  • Religious Conversion Disqualification: No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion.
  • Immediate Forfeiture of Right: The right to claim maintenance under HAMA is extinguished immediately upon religious conversion.
  • Preservation of Secular Remedies: Conversion does not extinguish independent statutory rights to maintenance under secular laws such as Section 125 CrPC (Section 144 BNSS, 2023) or Section 20 of the DV Act.
Key Landmark Precedents:
  • Sarla Mudgal v. Union of India (1995) 3 SCC 635: The Supreme Court noted that statutory disqualifications based on conversion under personal laws reflect the religious character of HAMA, but do not impair rights under secular criminal or constitutional protections.
  • Lily Thomas v. Union of India (2000) 6 SCC 224: Reiterated that while a converting spouse forfeits personal law maintenance rights under Section 24, they cannot escape maintenance obligations owed to the non-converting spouse.
Courtroom Practice & Strategic Litigation Guidance:

If a respondent opposes a wife's maintenance claim on the ground that she converted to another religion, check the forum. If the petition was filed under HAMA, Section 24 may bar the claim; immediately file an alternate or amended claim under Section 125 CrPC/BNSS or Section 20 DV Act.

Section 23 All 30 Sections of Hindu Adoptions & Maintenance Section 25