Property

Querist : Anonymous (Querist) 07 January 2010 This query is : Resolved
we have been staying together for 7 yrs , but due to drunkard habit of husband I'm living separately since one and half year . .I have not yet get divorce but it is in process, i have one daughter . my husband don't have any property in his name but my father in law has 2 big houses in his name in mumbai n pune so can i claim my daughters share through his father's share in property .
or can i get court's order to get my husband's half salary ,his present income is very good and he is not giving any maintenance to us.please advice me

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kranthi kiran (Expert) 07 January 2010
You can file a petition for grant of maintainence from your husband u/s 125 Cr.P.C.

Adv Archana Deshmukh (Expert) 07 January 2010
Yes as suggested above, you can file a application for grant of maintainence from your husband u/s 125 Cr.P.C and also get the order of attachment of salary of your husband in the execution, but not half salary, court will decide a reasonable amount of maintainance.

Y V Vishweshwar Rao (Expert) 07 January 2010
Regarding the property of Father in law it depends on the nature of the propertry - Whether it is ancestral proerty /or/ self acquired proerty of Father in Law!

Khaleel Ahmed (Expert) 07 January 2010
If it is ancestral property, you can claim on behalf of your minor daughter as natural guardina.

B K Raghavendra Rao (Expert) 07 January 2010

If the immovable property owned by your father-in-law is self-acquired, you have as a matter of right no claim over that. However, if the property is ancestral, then you may file petition on behalf of your minor daughter claiming her share.

Instead of seeking the path of divorce, it is advisable to sit together and compromise over family differences. There are medical solutions to dissociate from drunkard habit.

Regarding maintenance, you may file an interlocutory application, in the divorce proceedings, if any, to claim maintenance for yourself and your minor daughter. Normally, maximum of one third of your husband's earnings would be awarded as maintenance. But, be sure to obtain salary certificate of your husband for production in court. However, if you are employed you may not get maintenance.

Raj Kumar Makkad (Expert) 07 January 2010
I go with the well reasoned opinion of Rao.

Adv ramesh chheda (Expert) 07 January 2010
there are two issues involved in it .
As about claiming of any rights in u r father in laws property then unless it is ancestral property u cannot claim any right in his property.
And to get maintainance, u def can claim ,maintainance from the salary of u r husband. The amount cannt be half of his salary but it will be according to need of u and u r daughter. and that also if u dnt have any income then only . if u r also earning than amount of maintianance will be reduced accordingly as far as u r need is concenrned but for ur daughter u def will get good amount.
I hope this satisifies to u r querry. In case if u have any further querry in relation to this please feel free to refer to this site. Thnx fr using this site .