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Rajan Salvi (Lawyer)     16 February 2010

Maintenance

If a husband is kicked out of the house [ by his wife and inlaws] which is owned jointly by him and his wife, does he still have to maintain her. THere are two children also involved - one a major , another a minor.


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 5 Replies

shrikant chede (law officer)     16 February 2010

no,if he proves that the cruelty  done on wife's part

1 Like

panhar rathore (HC)     17 February 2010

what are the maintenance and inheritance rights of a child born to two consenting unmarried adults having casual consensual s*x? There is no marriage, no long term relationship or live-in status. Just casual s*x 3-4 times over a period of 6 months

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 February 2010

mr panhar, the liability is there. child have the right to get maintenance and inherritence too.

salvi sir, first of all he should claim his right on the property, and as it is jointly owned. at the time of settlement of the maintenance, the right of the property in terms of rent or half of the cost to be calculated, as if it is already given to the wife. 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 February 2010

salvi sir, first of all he should claim his right on the property, and as it is jointly owned. at the time of settlement of the maintenance, the right of the property in terms of rent or half of the cost to be calculated, as if it is already given to the wife

Hardik Mehta (Family Counsellor)     19 February 2010

Rajan,

What does the husband want to do? In my intrest he should file RCR and save the marriage for the sake of the children. If any cruelty has happened, then his wife should put hte same in the court.

 

Secondly, about the maintenance, I dont think that he should give the maintenance since he has been kicked out and not the wife. This is the cruelty on him. Moreover, if the wife is behind the property, then  husband should file the case of injuction and restraining orders to the in-laws. They will be kicked out of the house once the order is granted.


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