Question

Maintenance application under Section 18(2) of HAMA is filed in:

• A. Matrimonial court
• B. District court
• C. High court
• D. Any of the above

Hint:

Differentiate: HAMA (District Court) vs Hindu Marriage Act (Family/Matrimonial Court).

Answer 1

The Correct Option is B

Step 1: Understanding Section 18 of HAMA.
The Hindu Adoptions and Maintenance Act (HAMA), 1956 provides for maintenance of wife. Section 18(2) specifically empowers the wife to claim separate residence and maintenance under certain grounds like cruelty, desertion, etc.

Step 2: Jurisdiction.
Applications under HAMA are filed in the District Court, which has original jurisdiction over family/matrimonial disputes unless transferred. Matrimonial courts under Hindu Marriage Act are different; here, maintenance claim lies under District Court.

Step 3: Analysis of options.
- (A) Matrimonial court: Wrong, this applies under Hindu Marriage Act.
- (B) District court: Correct forum under HAMA.
- (C) High Court: Wrong, High Court only hears appeals.
- (D) Any of the above: Incorrect, only District Court has original jurisdiction.

Step 4: Conclusion.
Thus, maintenance under Section 18(2) of HAMA is filed in the District Court.