Code: Section 24 – Claimant to Maintenance Should Be a Hindu
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.
—
Explanation of Section 24
Section 24 of the Hindu Adoptions and Maintenance Act, 1956 lays down a clear eligibility condition for claiming maintenance under the Act: the claimant must be a Hindu. If a person converts to another religion, they lose the right to claim maintenance under this Act.
This provision aligns with the broader scope of the Act, which applies exclusively to Hindus as defined under Section 2 of the Hindu Adoptions and Maintenance Act. Once a person renounces Hinduism and adopts another religion—such as Islam, Christianity, or Judaism—they no longer fall within the ambit of the Act.
The rationale is based on religious jurisdiction. Since the Act is personal law specifically meant for Hindus, individuals outside the Hindu faith are not covered by its provisions.
—
Illustration
Example 1: Hindu Woman Converts After Marriage
A Hindu woman married under Hindu law converts to Christianity and later files for maintenance under the Hindu Adoptions and Maintenance Act. Under Section 24, she is not entitled to maintenance because she has ceased to be a Hindu.
Example 2: Dependant Converts to Islam
An elderly parent dependent on a Hindu son for maintenance under this Act converts to Islam. They would no longer be entitled to claim maintenance under the provisions of this Act due to the religious conversion.
—
Common Questions and Answers on Section 24
Q1. What happens if a person converts to another religion after claiming maintenance?
A: If the conversion occurs after maintenance is awarded, the entitlement may be discontinued, as the person no longer falls under the definition of a Hindu under the Act.
Q2. Does this section apply to all types of maintenance claims under the Act?
A: Yes, it applies to all claims for maintenance under this Chapter, whether by a wife, child, parent, or other dependant.
Q3. Can a person who reconverts to Hinduism claim maintenance again?
A: If the person formally reconverts to Hinduism and can prove this legally, they may be entitled to claim maintenance under the Act once again, subject to court discretion.
Q4. Are children born to a Hindu who has converted still eligible for maintenance?
A: If the children remain Hindu and fulfill other eligibility conditions, they may still claim maintenance. However, the converting parent loses their own right to claim.
Q5. Is this restriction applicable in other personal laws?
A: Similar religious restrictions apply under most personal laws in India, as each law is tailored to a specific religious community.
—
Conclusion
Section 24 of the Hindu Adoptions and Maintenance Act serves as a boundary that maintains the religious character of the legislation. It makes clear that only practicing Hindus are entitled to claim maintenance under this Act. Religious conversion is a decisive factor in eligibility, and courts have consistently upheld this limitation to preserve the scope of Hindu personal law.
If you are facing a legal issue involving maintenance rights and religious conversion, contact ApniLaw for expert legal advice tailored to your circumstances.
