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chandrasinh (Advocate)     02 March 2013

Maintenance

can a wife claim maintenance from father in law when husbund is not found?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 March 2013

Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

pankaj (Lawyer)     02 March 2013

Sections 18 and 19 of Hindu Adoptions and Maintenance Act, 1956 , would be suitable.

Unless there is any ancestral property, a wife whose husband is missing, can't claim any maintenance from father in law.

if father in law has self acquired property then she can't claim.

only a widow can claim maintenance u/s 19 of the abovesaid act.

S P SRIVASTAVA (ADVOCATE)     02 March 2013

No , wife can not claim maintenance from father-in-law.If the husband is missing for more than 7 years and not has been heard of,suit for declaration can be filed to get a decree that her husband has attained constitutional death and the wife is deemed to be widow after having done so, wife  being widow can claim right to residence/share in the property of her father -in-law. For any clarificattion/assistance you may contact me by sending P.M.


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