Can I claim maintenance for myself and daughter?
2 years ago
I was in an abusive marriage and victim of domestic violence for past 21 years and asked to leave my marital home often. In April 2020 I was driven out and presently staying with my mother. My daughter is 20 year old and in college. I am in service and earning. Can I claim maintenance for myself and daughter. Can I claim share in the marital home which is in the name of my mother in law. How can I go about it.
Yes, you both can claim maintenance and a right to reside permanently in the house property of your husband. Better file Domestic Violence case and claim protective order to stay in the same house and file another case claiming maintenance of 25% of your husband towards monthly maintenance out of his salary and other sources.
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RAJARSHI BOSE
Responded 2 years ago
Your husband is liable at any state to maintain your daughter till her marriage.
You are also entitled to claim maintenance, provided that your personal income is insufficient for your livelihood and your husband's monthly income is much higher than your monthly income.
You have no right of inheritance over the property which belongs to your mother in law.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Court daughter ka maintenance dene ka order bhi pass kar sakti hai.
Aap aise kisi ghar ke liye claim nhi kar sakti jo ki aap ke saash ke naam hai. Han aap ko vaha par rahne ki permission mil sakti hai but share nhi mil sakta hai.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes once you have proved that you are not in a financial state to maintain yourself and your daughter then you can seek maintenance from your husband. However, he is liable at any state to maintain your daughter but as far your maintenance is in question you will have to show you are financially incapable and your husband is earning as well in capacity to provide maintenance.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your husband and in-laws family are doing domestic violence as well as crime under Section 498A of the Indian Penal Code so it is necessary to lodge FIR in this regard before the local police Station.If the local police station is not taking your FIR against your husband and in laws even after knowing the fact of mental and physical torture upon you, then you have to make a written complaint before a higher ranking Police Officer(or the Superintendent of Police or the Commissioner of the police) specifying not only the fact of mental and physical torture upon you by your husband and in laws causing serious threat to the safety and security to your as well as your daughter's life but also about the police inaction to lodge FIR in that issue . If the Police still deny to lodge your FIR,then file formal complaint before the Judicial Magistrate/ Metropolitan Magistrate ( nearest to your place)u/s 156(3) read with Section 190 of the Code of Criminal Procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.
Under Section 125 of the Code of Criminal Procedure,1973,as amended up to date,you are entitled to claim maintenance if your personal income is insufficient for your livelihood and your husband's monthly income is much higher than your monthly income. The test is whether you are in a position to maintain yourself in the way you were used to in the place of your husband. There is no upper ceiling of per month maintenance amount, so as per your husband's monthly income,you can demand a certain amount per month as maintenance.
Your daughter till her marriage is entitled to claim maintenance from her father under Section 125 of the Code of Criminal Procedure,1973,as amended up to date which includes her fooding, clothing,education, medication and all other costs for her decent livelihood and your earning never imposes any legal bar upon your daughter to claim maintenance from her father.As your daughter has attained the age of majority so she is entitled to file her maintenance claim herself against her father under Section 125 of the Code of Criminal Procedure,1973,as amended up to date.
As your marital home is in the name of your mother in law so she can transfer that property in registered manner to any body's favour or can make Will. If your husband inherits that marital home and if he will not transfer that property in registered manner to any body's favour or doesn't make will in other's favour,then after your husband's death you( if not divorced in the mean time) and your daughter will inherit that property.
Yes, you can ask for maintenance from your husband for yourselves and your daughter. However when it comes to receiving maintenance for yourselves you will have to prove that you are not in a financial state to maintain yourself out of the earning. You will have to make evidence file to prove that your husband earns and is stable in his financial capacities.
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A.You can claim maintenance for yourself if your income is less than your husband and you are not able to maintain yourself with your own income. When you file a case for maintenance the court will take into consideration your own earnings as well to arrive at the maintenance amount to be paid to you.
For your daughter regardless of what you earn your husband is liable and responsible to pay so, for her he has to pay so, you must file a case for maintenance.
Regarding getting share in the marital house you will get in the share what your husband will get post partition or division.
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