Hsa and alimony/maintenance

1. Succession is her right provided under Law irrespective she is married or un-married.

2. Same can be persuasively put across when it is shown that such property earning an income and thus she has sufficient means. It was shown in a case from Maharashtra (Pune) 4 years back but then immediately in next 24 hrs. the case went for MCD route and the boy who during cases was working at junior management level after the MCD is now equal partner of an IT / ITES Firm in Bangalore J.

Tajobs sir is it legally tenable for a wife to argue that she has at least 3 rights

1) as a daughter from succession.

2) as a wife from husband under crpc 125 etc. and

3) discretion to choose which right to claim or rescind.

Because of her love for her dear husband can she say that she only wants to exercise her right no 2) and forfeit her right no 1) under right no 3)? reference to any judgement will be really helpful. looking forward to your insight and help on this matter.

regards ASHOK

@ Ashok,
 

1.    A metro wife cannot be compelled or asked to choose or made to forfeit her statutory rights in reference to context which were given to her under public policies.

2.    Even if she is compelled to do so, it is against public policies and makes the very issue left wide open for challenge.  

3.    When party approach Court they are at discretion of a Court and never other way.