Maintenance from father in law.
B.swarnalatha
(Querist) 13 June 2012
This query is : Resolved
gud evenings sirs, i want to know whether i am eligible for maintenance from my father in law or not,my husband died in the year 2011,march and my inlaws have not given me anything,they both are central govt employees,i am a private employee earning very less.they have harassed meso much because of dowry,that they used to not allow my husband to come closer to me,leaving me with no children,and not enabled me to have my conjugal rights,can anyone control the basic conjugal rights of an individual leaving her with no children.
Adv.R.P.Chugh
(Expert) 13 June 2012
The father in law's liability to pay maintenance to daughter in law is quite remote and not a personal liability - it is contingent on there being ancestral property in which husband was a member and was not given anything, it also requires FIL to be earning and DIL to be incapable to maintain herself, furthermore DIL should not be in a posititon to get maintenance otherwise than from FIL only in such a situation liability arises.
Devajyoti Barman
(Expert) 13 June 2012
It is not the regular maintenance of nature as mentioned in section 125 crpc.
However the wife can enforce any property belonging to the husband.
ajay sethi
(Expert) 13 June 2012
did your husband leave behind any property? any flat in his name ? any bank accounts? did he leave behind any will?
if your husband die a pauper then you cnnaot expect your father in law to maintain you .you are working in a pvt company . you cnanot claim maintenance from your in laws
Kiran Kumar
(Expert) 14 June 2012
if your husband had left behind some property then certainly you can proceed against it.
otherwise no legal liability of in-laws to maintain you.
SAINATH DEVALLA
(Expert) 14 June 2012
Rightly adviced by the above experts.Nothing more to add.
Shonee Kapoor
(Expert) 17 June 2012
There is a provision under HAMA to get maintenance from FIL by widowed DIL.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
