Nirmala Mathew 20 February 2020

Can a widowed daughter in law file against the dependant and widowed mother-in-law for maintenance ?

Can a widowed daughter in law file DVC against a widowed and dependant mother in law for maintenance ?

13 Replies

Joy Bose 21 February 2020

Hello,
You cannot file for maintenance against your mother in any case. This is not something that can be done and it will especially won't come under the DVC Act.

Regards,
Joy Bose

Shashi Dhara 21 February 2020

If her husband has any asset then daughter in law can file suit for partition of her husband's share not against mother in law.

Kishor Mehta (CEO) 21 February 2020

The answer to the query is an emphatic NO

Shashi Dhara 21 February 2020

If the deceased husband of daughter in law has any assed self acquired or ancestral then she may claim for partition or fore mesne profits if her mother in law's holds possession over the property of her deceased son..contact local advocate and take his opinion.

P. Venu (Advocate) 21 February 2020

Who is dependent on whom? Is it the mother-in-law who is dependent on the mother -in-law or vice versa?

Is it a case for seeking maintainance or that of domestic violence?

Nirmala Mathew 22 February 2020

Thank you very much for the valuable response. Deceased husband does not possess any property. But the mother-in-law owns a house in her individual name but has no source of income. She is a person suffering with asthma and now son-in-law is taking care of her. Just eyeing on the asset of the mother-in-law the daughter-in-law filed DVC with false allegations of domestic violence, maintenance and compensation. Is this DVC maintainable ?

Shashi Dhara 22 February 2020

If she has filed maintainenace & dvc case before her husband's death against her husband and mother in law then after her husband's death only dvc case will continue if she has filed it after her husband's death then quash it in high court.

P. Venu (Advocate) 22 February 2020

What are the reliefs sought? Was the deceased husband the only child?

Nirmala Mathew 22 February 2020

Thank you Sir. The reliefs sought are return of dowry and 5 tulas gold. Dowry Rs.200000 given but not given any gold. Then other reliefs are
Not to alienate her from the shared household.
For maintenance of Rs.10000 for her and Rs.5000 for her minor son.
Compensation of Rs.5,00,000.
If not maintainable any SC or HC judgements.

Shashi Dhara 22 February 2020

Widow mother in law is not liable to pay any maintenance to her daughter in law only husband must pay maintenance to wife and child.quash it in high court if trial court decrees.defend in trial court.