Maintenance for wife after 30 yrs of marriage

Very complicated case. Firstshe has to justify separation which obviously is not ordered by court. He can allege desertion on her part. The home she live sis matrimonial orparental?

She also has not filed any divorce petition too obviosuly

Is any otheracses pending in any courts?

How old are children? Are they all major? and is her daughter if any married?

How much she earns? Must be enough for her alone as she lives in own house and pays no rent?

If answer to aboe all queries are yes 

There is no entitlement for maintenance .Forget about it.

But if her husband has nacenstral property she has right of sharein it after he dies.

Her story is atypicalof a Indian woman. Victimisation ,neglect and humiliation. Sadly thereis no law on it. Most Indian woemn suuferneglect, assult ,victimisation from home husband children and society atlarge.WE should all feel ashmed. Thereare shameless Indians like a person in Nagpur who is NRI and sold all proiperty in Nagpur and left his very old mother atairport and took off flight from India.

Answer the questions raised by Dr Gupta

The home she live sis matrimonial orparental?

The plot of land is ancestral from her side given by her grandfather, she built the house with money that her parents and materials that her brother (my father) gifted her. Her husband used to tour a lot, so she built the house and settled with the kids, 20 or so years ago.

She also has not filed any divorce petition too obviosuly

She is not interested in separation, just enough so she doesn't have to work daily. She is around 56 now and is on anti depressants, because of which she finds it hard to work due to side effects.

Is any otheracses pending in any courts?

No, none at all.

How old are children? Are they all major? and is her daughter if any married?

Yes, the children are major, both in their late 20s. The daughter is unmarried, but she works. She has an education loan of 7-10 lacs she took for her BTech and is paying off the loan as well as supporting the mother.

How much she earns? Must be enough for her alone as she lives in own house and pays no rent?

She had to cut down her working days due to the anti depressants and migraine medication, even then, I think she earned ~Rs 7000 per month or so. Her husband pays the phone/electricity bills etc, but not an rupee more than that. 

But if her husband has nacenstral property she has right of sharein it after he dies.

This is the saddest part, he and his brothers have sold off whatever was left of ancestral property. Now they are forcing her to file for partition from her maternal property. My father/her brother has no issues, but the problem is she doesn't want any more help from us. SHe wants her husband to take care of her monthly expenses, which are minimal. Since he did not help out with the children's education, and isn't even helping her now, she is angry.

She can claim maintenance from her husband .The husband has an obligation to perform the marriage of their daughter.But in case the husband  deserts the wife and the wife is not in a position to maintain herself,all major children have an obligation to pay for the maintenance of their mother according to section 4 of the MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007.

Please advise herto ignore all issues and live peacefully focussing on her children. Her husband is already paying  phone bills etc. He is very clever fellow. How much momney he is spending on bills etc.

I guess this is a dead case. Just ignore him and live peaefully. she wont get much help form court and it may take  a numberof years.

Look it does not matteryour daughter has taken laons for her studies. If she is earning that is fine

Her daughtershould directly talk to her fatherfor help . 

Law ofcousresays unmarried daughterhas ot be supported. He should also spend money on herwedding. But this is not enforceable by alw as dowry is prohibited. You cant ask court to award dowry to her.

Now tell us whatexactly she wants as on date?

Even if she goes to Court under DVAct. First thing will come why she is living separately.

How she will prove herhusband has deserted her?

Let her  file a complaint for restitution of conjugal rights.First.

She has to file maintenance petition along with interim maintenance application before the metropolitan magistrate under Section 125 of Cr.P.C.  She will definitely start to get interim maintenance within 3 months after serving the notice and also she will get monthly maintenance once the case is decided.  The amount depends upon his monthly earnings.  As long as her husband is living and earning, her sons and daughters have no responsibility to maintain her.  Further, husband or his relatives cannot force her to seek partition from her natal family property to evade husband's responsibility of maintenance.  So, go ahead and engage an advocate.

Now a days both husband and wife have to give a memorandum in details which was directed by surpreme court in Kusumlata case. This talks of every thing education, regula rincomes, otherincomes, properties depednent etc. I dont think this lady will get much help from court since  125 crpc is a remedial measure to avoid destitution.

She has to go to civil law for permanent alimony and other issue. But first why bothg areliving separately is not clarified. No proper opinion can be given by even bestlawyer without facts.

Thanks for the replies.

1. They do not live separately, her husband resides along with her and the children in the same house, they have been living together since marriage. Instead of touring with him, she built the house for her kids education. After his tours finished, he came back to the house and lived with them since the past 25-30 years till date. He pays the electricity, phone bills etc. which I think amounts to say a total of 10,000 Rs. per month or so. He has not deserted her, beyond paying for the bills, he wants her to keep working for her own expenses considering she is in her mid 50s now.
2. Th children are willing to take care of her and she is more than welcome to come stay with us, but she wants justice. Her husband earns close to 60,000 Rs. per month as pension, but has been forcing her to keep working even after her health issues. Hence, she is angry, she has been working most of her life, but she feels he doesn't want to give her a break. 

The problem with U querits is that U don't post the case in detail initially confusing the legal experts,U keep on adding new material,which is entirely different from the original post.

UR post is not at all a legal issue but a simple family issue which can be amicably settled indoors.This is my conclusion.

My dear querist. I have already conlcuded above that you will get little help form law in this case.

I can only summarise for your case:
Abala Teri yehi kahani....

Annachal mei hei doodh aur aaknkho mei paani

Come on boys you areyoung . Do hard work, earn handosme money by legal means  and look after your mother well. Take her goodcareand ask her to quit working if she wants. But i personally feel doing part time job will keep her alive cheerful and motivated and smart too.

Resolve this matter in family. We can't  thelp you

If you want we can help you by telling ways to getting your errant father expelled from her house.

I cant understand why this stupid old man is behaving like the way you are telling. is he a mental? little crack?