Payal Sharma (Assistant Manger - Training & Quality) 05 May 2014

Claim for maintainance under sec crpc 125 by mother

Hi,

I got married in 2006 . Right from the first day of my marriage my mother-in law kept on torturing me since it was an Inter-caste love marriage ( I am a Bengali girl and my husband is a Haryanvi Pandit). I had to leave from her house and stay with my parents for initial 2 yrs .Though I did not go for legal proceedings keeping in consideration my husband's plea . My husband met with an accident 3 yrs back and I came back to my in-laws place. By that time , I completed my MBA and got a decent job. My husband was jobless. With immense struggle I managed to get loans (from parents, relatives and bank) and started a mobile shop for him. He started earning decently. I also have decent income. Though our monthy loan repayments are huge. During this time , we started making furnitures and other electronic items by taking finance. This made my mother-in law and elder unmarried sister-in law feel that we are earning huge lot. My mother-in law owns the dwelling house and has let 2 single room sets on rent and room is still vacant. She earns rent of Rs 5000/- every month. She has so long kept on misbehaving and as well as beating us with the help of two brother-in laws and their wives and sister-in law. Though my husband always wanted to go ahead with a police complaint , I never wanted to make our personal matter public. Also occassionally my mother in law used to call one of her aquintaence who is in Hatyana police and threaten us. Finally in April , one day torture became unbearable and we lodged complaint with local police. Next day , on repeated plea from my mother in-law we made a compromise and got "razinama"

After few days we received a notice for maintainance under sec CRPC 125 where my mother-in law has pleaded that she is starving and wanted monthly maintainace of 7000/- and one shot 50000/- .She also mentioned that my husband and me beat her and abuse her. Where as I have recordings where she has abused us in filthy language . My monthly earning is 25777/- and my husband hardly earns 5 thousnad a month and we have loan repayments personal and consumer durable loans for 15000/ and daughter school expense of 6000/ and shop rent of 3500/- and electricity bills ad fixed expenses a month. We are unable to understand how to proceed. Kindly help. I feel intercaste love marriage is the bigget curse in India.

Also kindly suggest a lawyer with reasonable charges in Gurgaon.

I am absolutely helpless and depressed.Please find the attached copy of the notice.

Regards,

Payal Sharma

Mobile :8800339766

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4 Replies

Gautam Kapoor (IT professional Studying Law) 07 May 2014

@Payal - you are not entitled to maintain your MIL.She can claim maintenance from her son if she has no PROVEN sources of income.You have all the relevant records with to fight the case.Dont get depressed.You can also file a DV case on her.You will get some good lawyers in this forum.Please check their credentials before engaging .All the best.

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Gautam Kapoor (IT professional Studying Law) 07 May 2014

also not only your husband but your two brother in laws ans sister in law are equally responsible to maintain your MIL.

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Payal Sharma (Assistant Manger - Training & Quality) 07 May 2014

Thanks a lot for your reply sir. This has actually encouraged me to go ahead with the case. It is vey difficult for a common person to even think about these court cases . Especially when you dont even know a lawyer. I am trying tosearch for some in Gurgaon .

stanley (Freedom) 07 May 2014

@ Payal

Your husband is liable to maintain his mother provided she does not have a source of income . And so our the rest of the children of his mother's family liable to maintain her.You would have to prove to the court that she is getting an income through rent and in case she has any assets which are giving her a source of income and her needs are being fullfilled through this income , than her maintanence may be denied .

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