Regarding crpc sec 125 maintenance.

Bapugouda (Querist) 29 August 2014 This query is : Resolved
Sec 125 of Crpc.
‘A’ and ‘B’ got married as per muslim customs , and they had three female children , after some years the “A” husband dead living behind his wife “B” and his children . until his death ,”A” himself and his wife and children were residing with his joint family (father, mother, brothers). After death of his son “A”, the parents of the “A” throughout the “B” and her children without providing any means or maintenance , Under these circumstances,
*What are the legal benefits available to “B” widow and her children?
* Whether “B” widow and her children can claim maintenance against her father in law and grand father?
* Can they seek relief of partition in the joint family property?
Kindly answer with authorities if possible.

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P. Venu (Expert) 30 August 2014
They certainly can seek partition.

V R SHROFF (Expert) 30 August 2014
They can get residence order.

Devajyoti Barman (Expert) 30 August 2014
Authorities are not supplied here. Make your own effort on lay your hand on them.
u/s 125 crpc father in law has no liability for maintenance.

ajay sethi (Expert) 30 August 2014
we dont provide citations . what basis you say it is joint family property? please clarify

Rajendra K Goyal (Expert) 30 August 2014
Maintenance can not be claimed from father in law. Citation not provided in this section.

T. Kalaiselvan, Advocate (Expert) 03 September 2014
Maintenance cannot be claimed from father in law but if it was a joint family property, sometimes, based on the nature of joint family property, as legal heirs of deceased legal heir, wherein a third of the property should be assigned to legal heirs, you may have a chance to get a share that might have belonged to your deceased husband as if he was alive and got it. without going into any legalities, you file a partition suit, if you are not eligible, your suit may be rejected, contact a local advocate, apprise him the situation and proceed as per his advise.