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NARESH KUMAR (Sr. Officer)     06 June 2013

About maintenance

Dear sir/madam,

I am working as a research executive in Aizant drug research solutions, hyd. My father(Rtd tahsildar in 2010) is facing a problem with my sister in law as she is asking maintenance for her and her 3 children. My brother and sister in law got married (arranged) in 1994 but they are separated from our family in 2002 due to clashes with my mother and mother in law. My sister in law is very aggresive and like a psycho and she wouldn't give respect to my father and mother.Then after, there were no communications between us. In May 2010, my brother met with an accident and went into coma. We spent around 7 lakhs for the treatment but we could'nt cure him. Unfrtunately he was expired in Mar 2011. In that my father spent around 5 lakhs. From then my father was maintained my sister in law but she did'nt deserve that. She was leading immoral life with another person from then. After knowing this my father told her that i cant mainatain you further, i will divide the inherited property, you and your 3 children with that. But she was shouting on my father to give half part in the property whatever my father earned with his own money and also she wants to 11000rs/ month to maintain her and her children. She sent a legal notice to us saying these words. Now pl suggest me what kind of action we should take on her...............?

Thanks and Regards,

Naresh.K

Hyderabad



 4 Replies

STUDENT.... (.......)     07 June 2013

Hi Naresh,

 

I'm not a lawyer but read the cases just for my hobbie on this forum. As per the knowledge I have after going through with cases in this forum I can share my view as mentioned below.

 

But please do not take this as 100% correct answer as I'm not a professional lawyer.

 

1. My father(Rtd tahsildar in 2010) is facing a problem with my sister in law as she is asking maintenance for her and her 3 children.

Ans. Your sister in law cannot ask maintanance from your father and mother.

 

2. My brother and sister in law got married (arranged) in 1994 but they are separated from our family in 2002 due to clashes with my mother and mother in law.

Ans. They got seperated was that legally (Means Divorce took place or not?). Incase divorce didn't took place she can ask for maintanance from your brother. If incase divorce took place then in her divorce petition she might have mentioned and may have asked for maintanance or almony. If incase she has not asked for maintanance and took almony then she cannot ask for the maintanance from your brother.

 

3. My sister in law is very aggresive and like a psycho and she wouldn't give respect to my father and mother.

Ans. Your father and mother has full right to file case against her beneficial if any one of them is a senior citizen.

If incase your brother has not taken divorce from your sister in law but have given any movable or immovable property to her in his lifetime then your father and mother may file a partation suit and may ask for there share in the property which your brother has given to her.

 

4. She was leading immoral life with another person from then.

Ans. If you can prove this in court then it is beneficial and favourable for your parents and they can file a case of ADULTERY and police has right to arrest that person as well if incase the divorce did not took place.

 

5. i will divide the inherited property, you and your 3 children with that. But she was shouting on my father to give half part in the property whatever my father earned with his own money and also she wants to 11000rs/ month to maintain her and her children.

Ans. Your father is showing concern and still giving some right to her and her 3 childrens that good. But let me tell you one thing that she do have right to demend share in your father self earned property, But if incase your father doesn't want to give share to her and 3 childrens then she and her 3 childrens has not right left to ask share in property and maintanance.

Your father has full right to take decision of his self earned property he can write a will or can give you or her as a gift the property to you or someone else to whome so ever they want and if she challange in court as well then also she will not be able to get anything from the same as it is your father self earned property.

 

If incase your brother has bought any movable or immovable and divorce didn't took place then she and her 3 childrens and your parents deserve full right on that property and can divide that property by filing a partation suit.

 

 

@Experts: As mentioned above is my views as per the knowledge i have gained from this forum. However, I may be wrong in some points or may be right but still I need your expert views in this query and please do share your views as well and do let me know as well that where I went wrong as your feedback will surely gonna help me a lot in correcting my knowledge as well as enhancing my knowledge.

 

 

 

Thanks,

 

Kunal

Advocate Ravinder (Advocate/Attorney)     07 June 2013

Mr. Kunal answers are not correct and however he cannot be find fault as he is not an Advocate.

 

Coming to maintenance question, as your brother had already expired, she cannot claim maintenance against your died brother, but she can claim maintenance from your father.  The law says when the husband expires, father is liable for maintenance.

If you can prove the details that your sister in law has immoral relationship, there is no need of paying maintenance, but you should be able to give full details of fiancé ie. his complete address and where he works and in what say he is in contact with your sister in law.   

The claim of your sister in law of 50% property is not existing in india, it exists only in USA, so there is no question of  paying 50% of the property. At the most she can claim maintenance of 1/3 of the salary/income of her deceased husband (when he was alive will be taken into account).

 

The other option is you can pay the maintenance in one lumpsum i.e. permanent alimony and prepare a MOU/agreement and take signature from your sister in law that she will not claim any maintenance or shall not file any cases relating to the marriage etc.  Draft it by a experienced lawyer near to you. 

NARESH KUMAR (Sr. Officer)     07 June 2013

Hi Ravinder,

Pleasure to hear from you, thanks for the response...

Pl let you know that my brother and his wife got separated from our family and they were living separately with their children till my brother's accident and there were no communications and relationship between us.  If there were no relations for a long time how can my father maintain them. How can she claim maintenance after sharing inherited property to her? She can live with that property (paddy fields). She asking to clear her debts whatever spent on her husband's treatment. How can it be? My father also spent money (5 lakhs) for his his treatment still she want money from my father.

And pl let me know which section of the law says that when husband expires, father is liable for maintenance so that i can through it  to improve my knowledge and we will try to resolve the issue.

waiting to hear from you...

Thanks and regards

Naresh.K

Advocate Ravinder (Advocate/Attorney)     08 June 2013

Even though your sister in law is living separately, still she is entitled for maintenance. As per Hindu Adoption and maintenance Act, is entitled for maintenance. Check up the sections yourself.

 

Yes, of course, if she has inherited property and she has sufficient means to maintain herself, there is no need for giving maintenance.


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