domestic violence domestic violence

2 years ago

Husband is liquor addicted man .The lady is victim of domestic violence and dependant on father in Law's grace with two school going daughters . Can she claim some part of property or maintenance fee from father in law since they are staying in one family and husband has no income.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Yes, it is the duty of husband and his parents to maintain yourself and your children. Get file a DV case or Civil case and create a charge over the properties belonging to your father-in-law for your future maintenance.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir/ Madam,
When the husband dies, the daughter-in-law can now legally claim maintenance from her father-in-law under s.19 of the Hindu Adoptions and Maintenance Act,1956. But still, the father-in-law need not pay unless certain criteria are fulfilled.
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Anik

Responded 2 years ago

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A.Dear SIr/ Madam,
The daughter-in-law cannot file a maintenance application against her father-in-law when her husband is living at the date of the application so filed in the court. Even though a husband is not financially sound or a spendthrift or a squanderer, daughter-in-law has no right to ask for maintenance from her father-in-law as this obligation is legal which is to be fulfilled by her husband
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.A widowed daughter in law can claim maintenance against the joint family property. The claim is enforceable against the Father in Law so long as the daughter in law has a right to claim maintenance against the coparcenary property in the hands of the father in law.However, during the lifetime of the husband,the daughter in law is not entitled to claim property or maintenance from the Father in Law but she is entitled to claim maintenance for herself as well for her children from the husband even when the husband is jobless.

In a significant ruling, the Bombay High Court has held that even if a husband is jobless, he is bound to maintain his wife & children and can't cite his unemployment as an excuse for not paying the monthly maintenance. The High Court said the earning capacity of a husband can't be lost sight of & accordingly ordered a man to pay maintenance to his estranged wife.
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