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Head Note

The Code of Civil Procedure, 1908  - Order I Rule (10)

Divorced - West Bengal Premises Tenancy Act, 1956 - Section 13(1)(a) - Wife - Necessary Party - Suit for eviction of tenant - Tenant divorcing his wife and parted with legal possession of house but contesting the eviction suit - Divorced wife alongwith children occupying the house - A divorced wife cannot claim interest in the premises - She has no right to implead as necessary party under Order 1 Rule 10.

The Hindu Adoptions and Maintenance Act, 1956  - Section 18 , Section 23 , Section 3

Maintenance to wife residing separately - She is entitled to food, clothing, residence etc. - She is entitled to real maintenance and not a bare starving maintenance - An unmarried daughter besides the expenses of food, clothing, residence etc. is also entitled to the expenses of and incident to her marriage.

Topic(s)-Maintenance to wife residing separately

Important Decision(s)- A divorced wife cannot claim interest in the premises.