is this suit maintainable by law

I don't think so...but she can file maintenance suit agaisnt her ex-husband...when the divorce was granted anything mentioned abt the maintenance amount ? better check the divorce decree..

It is not maintainable because brothers are not liable to maintain married sister.  She has to file petition against her ex-husband.

Following are the relevant provisions of Hindu Adoptions and Maintenance Act, 1956....the provisions will clarify your query.

19. Maintenance of widowed daughter-in-law.- (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law.

Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall case on the re-marriage of the daughter-in-law.

22. Maintenance of dependants, - (1) Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.

(2) Where a dependant has not obtained, by testamentary or intestate-succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.

(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.

Dear Anil, the women has obtained the divorce from her husband and the issue of maintenance was involved there  better to see the divoce decree and sent the contents of the same  other wise brothers are not bound to maintained the married sister and kiran has given the details about the maintenance. your suit is on the basis of present contents not maintainable.

subhash kumar, adv.

Anilkumar,

She is the divorcee and not the widow. In this case, HAMA 1956 will not apply as suggested by Kiran Kumar, since she is no longer the wife.

The maintainability of the maintenance case depends on the following aspects:
1. If there has been any alimony granted to the wife at the time of the divorce?

2. Who was the gurdian of the girl after the divorce was granted?

Now, if the alimony or the maintenance has been given by the ex-husband at the time of the decree of the divorce, then she cannot claim any maintenance from her ex-husband. If not, then she can file the maintenance from the ex-husband u/s 125 of CrPC.

Secondly who is the gurdian of the girl after the divorce is granted. If the parents are living, then they are the gurdians of the girl, otherwise the eldest brother would be the gurdian of the girl. Then the suit will be maintainable.

Mr. Mehta can u pls explain how the HAMA is not applicable, i would like u to read the facts again.

if m wrong i would better like to know the reasons.

Brothers and sisters are dependents defined. So no suit can be filed against for maintenance.

Borthers and  sisters arenot dependents defined. So no suit can be filed against them for maintenance.

hardik mehta

could u please explain more as to how the suit is maintainable and against whom she can file a suit....???

is it the eldest brother against whom she can file a suit????

No at all

Where there is right, there is remedy. Here she doesn't have a right, she cannot invoke it. As a divorcee, she can claim maintenance only from her ex-husband, how financially sound (low or high) he may be.

If at the time of divorce anything about maintenance mentioned then only it is applicable, otherwise divorcee has no right over the ex-husband's property.

the girl is entitled to get her father's, & father's ancesterial property;- if it is encroached by  her brothers, she may sue for it.