Maintenance or alimony help
3 years ago
My father in law is working abroad and doesn't communicate with my mom in law. From past 5 years he has not given her any maintenance money. Two year ago my husband that is her son got a job and was trying ends to meet. He married me and somehow got his sister married. My husband has total four sisters and a late brother. Our marriage was opposed by him and he refused my husband of any contact or anything. However he started to talk to his daughters and other relatives. He has started to give them money too. My mom in law is sick too. She was never working too. Was helped by one son in law and her brother. He refuses to give maintenance for her. The reasons are not cleared by him. My husband is fighting to get her maintenance to which he is ignoring. How can we help her? She has no illegal records. Has lived her life alone with her children.
Your mother-in-law can file maintenance application under Section 125 of CrPC and get ex-parte maintenance and thereafter it may be executed legally.
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Highcourt Advocate Chirivella Chandra Sekhar(CHANDU)
Responded 3 years ago
A Hindu wife is entitled to be provided for by her husband throughout the duration of her lifetime per Section 18 of HAMA '56.[citation needed] Regardless of whether the marriage was formed before this Act was instated or after, the Act is still applicable. The only way the wife can null her maintenance is if she renounces being a Hindu and converts to a different religion, or if she commits adultery.
A)
The wife is allowed to live separately from her husband and still be provided for by him. This separation can be justified through a number of different reasons, including if he has another wife living, if he has converted to a different religion other than Hinduism, if he has treated her cruelly, or even has a violent case of leprosy.
If the wife is widowed by her late husband, then it is the duty of the father-in-law to provide for her. This legal obligation only comes into effect if the widowed wife has no other means of providing for herself. If she has land of her own, or means of an income and can maintain herself then the father-in-law is free from obligation to her. Additionally, if the widow remarries then her late husband's father-in-law is not legally bound by this Act anymore as well
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