Incapacities=>

Marry Women enceinte (Prohibited to marry untill delievery)

Prohibition
Hindu marriage act, 1955
Section10 for judicial seperation
Section13 divorce

Distinction between Section 18 of the Hindu Adoption and Maintenance Act and
Section 25 of the Hindu Marriage Act and Section 125 of the Code of Criminal
Procedure.
(a). Under Section 18 of the Hindu Adoption arid Maintenance Act and Section 125 of
the Code of Criminal Procedure only wife can claim maintenance, while under Section
25 of the Hindu Marriage Act either spouse can do so.
(b). Under Section 18 of the Hindu Adoption and Maintenance Act and Section 125 of
the Code of Criminal Procedure, a wife can claim maintenance and live separately
from her husband while her marriage subsists. Under Section 25 of the Hindu
Marriage Act, either spouse can claim maintenance and permanent alimony but that
can be done only after judicial separation or after divorce.

When the marriage is subsisting there is no question of applicability of Section

25, Hindu Marriage Act but Section 18, Hindu Adoption and Maintenance Act. The word
"wife" does not have the same meaning in the two enactments. The Court cannot grant
the relief of maintenance in proceeding under one enactment in proceedings under
the other (Ramesh Chandru Daga Versus Rameshwari Daga AIR 2005 SC 422)

(c). Hindu wife contemplated under Section 18 of the Hindu Adoption and Maintenance
Act and Section 125 of the Code of Criminal Procedure includes only the wife of a
valid marriage. While under Section 25 of the Hindu Marriage Act even a wife of
void marriage can claim maintenance.

(d). Apparently Section 18 of the Hindu Adoption and Maintenance Act seems to have
overridden Section 25, Hindu Marriage Act because in both the sections a similar
provision exists and by virtue of Section 4, Hindu Adoption and Maintenance Act, it
is the Act of 1956 (i.e. HMA) which shall prevail and the provisions of the Act of
1955 (i.e. HMA) vis-a-vis maintenance of a wife shall cease to have any effect.

Apparently it seems so: but there is no inconsistency between

two sections as both do not deal with a similar provision (as noted in the
aforesaid differences). Both sections provide for separate and independent reliefs.
The Court's jurisdiction can’t be ousted on the plea that the applicant for
maintenance under the Hindu Marriage Act is already getting maintenance under the
Hindu Adoption and Maintenance Act though in fixing the quantum of maintenance that
may be taken into consideration. (e) The provisions of maintenance in the Code of
Criminal Procedure and the Hindu Adoption and Maintenance Act are again independent
relief.