Maintenance

@ Author,

1. Yes she can in the absence of any challenge. (Hint; she can barge in and claim her shared household)
2. No she cannot once challenge. (Hint; Husband along with Father should seek restraining Order from a Civil Court)

However in present brief she will be entitled (granted) Rent in lieu of R-T-R for a reason she is found to be living from last 5.5 years in rented accommodation and has not agitated (barred by limitation is inference hint) as per brief is my view.

R-T-R = Right to residence as interpreted under DV Act, 2005

Thanks for the reply...What does the term challenge refer to here.

The DV case is filed in june 2012 and the reply has only come from FIL and MIL's end that no right to stay int he property as it belongs to FIL now.

No response till date from Husband, none of them have appeared in the court.

What about Maintenance for self and daughter. DIL is working and is getting a package of around 40k and is paying 17k towards Rent , 10k towards daughter' education and 20k CC bills etc , there is no savings. How long will she continue paying rent, isnt husband has any responsibilities towards wife and daughter. As per the form signed by FIL in some matrimonial forum 6 years ago-he was earning 1lac per month and the son's income shown was 1.5-2 lac per month ( he is doing some business abroad)

Husband's Family is influential however FIL showed that he is hardly earning for self and his wife.

@ Author,

1.1.       Challenge refers to here as to getting allowed a “restraining Order” under Protection Order as per Rules under DV Act, 2005.

1.2.       Main respondent (R1) presence has to be secured to further Service the DV Complaint case is second hint and without which case will see indefinite sine-die and ex-part restraint or allowing entry of DIL into now challenged by R2 + by (late) R3 even if Protection Order DIL gets is difficult scenario which emerges and for the same she will end up getting only Rent that also unless and until R1 makes an appearance before concerned Court or the whole case will see challenges by R2/(late) R3 is my view.

1.3.       The FIL reply as it seems he was made R2 in complaint case is correct. So is response of (now late) MIL who it seems was made R3 in complaint case.

1.4.       It is interesting brief understanding from point of view; some 5.5. years ago she (DIL) entered shared household and is not found to be continuously living there at the time of filing Complaint case and it is only in June 2012 she files Complaint case and my view now is that she gets hit by allegations of limitation as preliminary objections or may face sine –die due to emerging peculiarities in brief for a simple fact DV Act, 2005 came into existence on 26-10-2006 and she was very much married then as well as probably for brief time living in THAT shared household and didnot file Complaint case THEN r/w the property in question is registered under FIL (R2) name now and further r/w even if no Complaint case filed she had opportunity under Civil Laws to seek restraining Orders earlier.

R1/2/3 = Respondent no. 1 (husband)-2 (father in law)-3 (?great mother in law or present live mother in law?)
r/w = read with

The DV case wont suffice and it would fall apart due to limitation as they have been staying seperately for the past 5.5 yrs But only option would be to claim maintanence from husband for mother and child under CRPC 125 provided she is not working .And if she is owrking than maintance would be granted to the child and that too it woud be co- extensive .

Maintanence is not based on past income but on the present income . 

@ Author,

1. DIL has to make such (maintenance) claims against her Husband and not against FIL as FIL is not responsible for maintenance to DIL in reference to context.

2. I have no comment to make on past earning and present earning of her husband as they are special facts.

3. However if DIL is shown to be earning then she is not entitled to maintenance from husband but minor will get maintenance provided some claims made on behalf by natural guardian (mother – DIL herein) in a civil Court under correct Sections of the Act / Code.

4. My consistent view is that DV Act, 2005 is not correct forum for claiming maintenance for Child (minor).

[All FILs' in Asian cultures are influencial so nothing new that we hearing today !]

[All FILs' in Asian cultures are influencial so nothing new that we hearing today !]

All FILS's are influential coz that is what they mention during wedding and once such case is filed everybody becomes bankrupt. I know lot of cases are false these days but that doesnt mean that there is no truth left in this world.There are cases that are genuine too..Somebody is not taking care, responsibility of anything for past 5.5 years and are living there life happily, having fun are considered to be cool HUH. The problem of middle class people is they earn in White and pay good taxes also still they suffer however the so called influential ppl have black money and pay less taxes showing meagre income and live happily and enjoy life. I know FIl is not entitled to pay for DIL and the lil one however they dont have then right to instigate and hamper somebody's life too

I'm sorry dint mean to be rude but there is limit to everything ..Anyways what apart from DV act would be the best thing to do?

MIL is alive, its the grand mother who is dead.

There were reasons to not file it for 4.5 years:

1.She was mentally/physically tortured and was pregnant when she was thrown out of the hosue.

2.They are influential ppl and will cause damage to her, her baby and family is what was told to her by her FIl and husband.

3.After guidance from some lawyers is when wanted to file a case.

4.Time is a big healer is what was believed however that become untrue in this case. She was in talking terms with husband and tried best to save family as daughter need both parents but that didnt happen

@ Author,

1.    Divorce case under S. 13 (1) (ib) HMA along with S. 24 HMA towards litigation expenses and for maintenance to minor, S. 25 HMA for alimony  and further a restraint Application for respondent (husband) not to marry till disposal of divorce matter.

2.    Service the Notice to FIL address by ‘all means including allowing pasting on first service itself’ and in case of non-appearance seek remedy under ‘substituted service’ on NDOH and if he still does not file appearance then pray before Court to proceed case ex-part wherein DIL tenders her evidences ex-part and decree is accordingly announced.

3.    For maintenance for minor under above mode Execution is civil independent remedy and there is no bar not to draw Decree in divorce proceedings in absence of arrers not met as DIL is petitioner.

Observation: it does not take any civil person to await 5 years to claim once RIGHTS !

How can one determine somebody's present income as  they are into business and not service.

One can only claim what was told during marriage, so If a girl was earning around 18k 6 years back and is now at 40k despite of 2 years gap, isnt husband's income grew up as well..

Once bitten twice shy...both the parties were divorcee and this was another reason of not filing a case in haste.

The DIl is not looking for divorce she just wants mainteneance and accomodation for self and daughter. she is in a BPO and cant continue to work during odd hours as the daughter is growing.

We talk so many things about women, save girl chils, empowerment. The country has become so unsafe place to live in and if you have a daughter it becomes more of a reason to be considerate and safe. At present Girl's parents are taking care fo the daughter what about tomorrow as she doesnt have a house to live permanently in.

The Fil is infact putting allegation that the DIL is talking to a guy during odd hours, he has got the information from somewhere, when he himself mentioned in his application that DIl is working for some BPO.

If the husband's income is high then wives ,wouldnt wife still be entitled for maintenance, She is  just a graduate and doesnt hold any degree what if tomorrow she is out of job(which is possible as the age is growing and no one wants old age people int oday's world)

Just need a support here, isnt there any law which can help Dil and her lil one

Google and read CRPC 125 and you will get your answers . 

If Dil is not looking for divorce than intimate Dil not to give it and divorce is not granted so easily as the grounds have to be proved for Divorce . Now looking at marriage itself there is no law which says that okay own house would be provided once married . The couple may be forced to live in a rented accomodation if unable to buy one . As regards to security there is no law which states that tomorrow if one loses their job either male or female maybe due to unforseen circumstances even though we pay our taxes that the goverment of india would take care of them wherein in other countries they have social security . A change has to be brought about in india for social security . So stir up a revolution and i will stand by you for the same maybe one day it may succed .

India is much safer now for females with the introduction of vouyersim and stalking being introduced recently .

Call for the It returns of the Husband to prove his income .

Now if Dil is drawing HRA where is the question of Residence arising .

Now your speculation of earnings . Say in todays world when you are young able bodied than you earn a good income upto a certian stage when you are a working person . But as you grow old and cross the age of 50 and you lose your job the case is the same for  either genders . Getting a job becomes difficult and you have got to compromise with whatever salary  you get .

Well in that case what I can sense is it's only a woman's reposnibility to take care of child and not husband's.

Isn't husband a able bodied to look after the kid too, who gives him right to run away from his repsonibility, from past 5.5 years he did not even check once about the whereabouts but that is fine for everyone however asking for our right turns out to be greedy, money taker,able bodied etc etc etc for all.

Husband stays aborad, family stays in posh locality and having fun , entire family goes for holidays abroad that is fine for everyone but giving daughter's right to her is not acceptable.

You are asked to leave your job/career after marraige is fine but when such things arise wife becmes able bodied to support self and daughter.

There are so many cases wherein 498a etc are filed in that is not done here because reconciliation is what was and is awaited. Isnt this a fair chance given to opposite party.

How much is the HR that a person gets, just 6500 or something and how much is the rent in today's time 17 k. Law says equal right of wife and daughter to stay the way husband lives, what would you say here??

Well we'll check CRPC on google however is there some other material that one can go through and can fight for the said case