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Subhomoy Das (Retail Manager)     05 June 2012

Maintenance

Hi to everyone. I would like to know one thing regarding Maintenance / Crpc 125 which i think would be helpful for everyone.  The case goes like this. real names changed.

 

Mr. X  AND Mrs. Y IS A MARRIED COUPLE. THEY GOT 2 SONS. ELDER SON Mr. A  AND YOUNGER SON Mr. B.  NOW  Mr. A  GOT MARRIED WITH Ms. D  AND Mr. B GOT MARRIED WITH Ms. E.  MR. A & Ms.D GOT A  DAUGHTER WHO IS 6 YRS OLD. MR.B & Ms. E DONT HAVE ANY CHILD AS ON DATE.   SOON AFTER THE MARRIAGE OF Mr. A LOTS OF MATRIMONIALS DISTURBANCES TOOK PLACE.  HIS WIFE WENT TO HER PARENTS HOUSE MANY TIMES AND RETURNED BACK EVERY TIME. BUT AT THE END Mr. A `s WIFE Ms. D WENT TO HER PARENTS HOUSE AND NEVER RETURNED AND STAYED THERE WITH HER DAUGHTER.  LATER ON Ms. D & HER PARENTS FILE DV CASE AGAINST HER HUSBAND, INLAWS.......  THE FAMILY COURT PASSED AN INTERIM ORDER OF  Rs. 2000/- P.M. AS A MAINTENANCE FOR Ms.D & HER DAUGHTER.  Mr. X & HIS FAMILY USED TO STAY IN A 3 BHK FLAT WHICH WAS BOUGHT BY HIS YOUNGER SON Mr. B . THE FLAT IS IN NAME OF Mr. B. MR. X   WAS A RETIRED CENTRAL GOVT EMPLOYEE FROM INDIAN POSTAL DEPTT.  HIS WIFE Ms. Y WAS A HOUSEWIFE.  THEIR ELDER SON Mr. A WAS A MARKETING EXECUTIVE AND Mr. B IS AN ENGINEER BY PROFESSION AND WORKING FOR A MNC.  DUE TO ALL THE CONTROVERSIES AND LAW MATTERS Mr. X , Ms. Y PASSED AWAY . FIRST Mr.X AND AFTER 2 YRS THEN Ms.Y.  THIS LED TO SEVERE MENTAL STRESS ON Mr. A AND HE ALSO DIED IN AN ACCIDENT WHICH THE POLICE  HIGHLIGHTED AS SUICIDE.  Mr. A HAVE 3 LIC POLICIES WHOSE NOMINEE WAS HIS MOTHER.  NOW AS THE POLICY HOLDER AND NOMINEE BOTH HAVE EXPIRED AND AS IT IS  A SUICIDE CASE  THE LIC HAVE DENIED TO SETTLE THE CLAIM MADE BY THE WIFE OF Mr.A  THAT IS Ms. D.  EVEN THGE COMPANY WHERE Mr. A WAS WORKING THEY HAVE REFUSED TO HELP FINANCIALLY TO Ms.D.  NOW Ms. D  IS THREATENING  TO HIS BROTHER -IN-LAW  THAT IS Mr. B  THAT HE HAVE TO PAY MAINTENANCE TO HER OR ELSE SHE WOULD FILE A MAINTENANCE CASE AGAINST Mr.B . THOUGH ON HUMANITARIAN GROUNDS  Mr. B HAVE AGREED TO TAKE PROPER CARE HIS LATE BROTHER`S DAUGHTER BUT Ms. D IS NOT READY TO LEAVE HER AT THE HANDS OF HER UNCLE. MOROVER Ms. D IS ALSO CLAIMING A SHARE ON THE FLAT WHERE Mr. B  IS RESIDING WITH HIS WIFE Ms. E. THE FLAT IS SOLELY PURCHSED BY Mr.B AND THE FLAT IS IN HIS NAME.

 

MY QUESTION IS  :  CAN A LADY CLAIM MAINTENANCE FROM HIS PARENT/SISTER/BROTHER  INLAWS APART FROM HER HUSBAND . IS IT UNDER SEC cRPC 125 OR  ON WHICH SEC ?  IN THESE SITUATION CAN Ms.D HAVE LEGAL RIGHT TO CLAIM HER SHARE FROM THE FLAT WHICH IS SOLELY PURCHASED BY HER BROTHER -IN-LAW Mr.B. THE OWNER OF THE FLAT IS Mr.B

 

PLEASE ADVICE.



Learning

 1 Replies

Tajobsindia (Senior Partner )     06 June 2012

1. No if the husband is alive.
2. If the husband is dead then from MIL / FIl she can claim
3. No not from BIL even if husband is dead.
4. On compasionate grounds she is eligiable to get Job in husband's Department
5. LIC policy share she is eligiable as mother was nominee means trusty till right claimant claims is what law in such matters says. 
5. No if the property is build by BIL then wife of alive / dead husband has no share in such property is my present view. [I find it disturbing to read upper caps queries that is why I mentioned 'present view" as reply which one day I might change if given an opportunity to read in lower caps any query]

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