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sanjeev rajpurohit   18 May 2022

My sons wife problem

dear sir my sons wife is living separately from 03/08/2021 and see filled a case under sec 498 and 406 and 354 we try our best to came and live with her husband (to whom see is saying that her husbands is impotent ) now we heard that see is going to claim maintenance allowance my son earning is 11000/- and we are 62 year old persons dependable on my son can see claim the maintenance allowance in this situation please guide


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 3 Replies

Pradipta Nath (Advocate)     19 May 2022

Contest the cases. It is now so easy to get maintenance. Your son can file either section 9 or divorce petition. If she has by promoting in your area that your son is impotent and you have witnesses or documentary evidences, serve her a legal notice and thereafter sue her for defamation.

SHIRISH PAWAR, 7738990900 (Advocate)     19 May 2022

Hello,

You have to fight out the case filed by your daughter-in-law. You can represent your case that, your son is earning 11000 and you are senior citizen parents depend on him. Your son is impotent, as per her allegation so after the court judgment, you can file a defamation case against her. 

Shweta   19 May 2022

Hello Sir

In the present case if the wife has filed a case for criminal breach of trust under Section 406 and assault or criminal force to woman with intent to outrage her modesty under Section 354 then you should contest the same. 

Regarding maintenance, a wife is generally entitled to maintenance under Section 125 of Code of Criminal Procedure, 1973 (crpc). However, Section 125(4) creates an exception to the rule of maintenance to wife i.e., no wife shall be entitled to maintenance if she is living in adultery or if she refuses to live with husband without any sufficient reason or if they are living separately by mutual consent. You can also use the fact that your son’s salary is Rs. 11,000 and he has to take care of elderly parents as well.

Other remedies –

  1. Restitution of Conjugal Rights – Under Section 9 of the Hindu Marriage Act, if any spouse leaves the society of their respective spouse without any sufficient reason, then they can file a petition under Section 9 of the Act. You can also file a section 9 petition in this case.

  2. Divorce – Under section 13 of the Hindu Marriage Act, divorce can be filed on the ground of cruelty.

  3. Defamation – You can sue her under Section 499 of the Indian Penal Code, 1860 for causing harm to your son’s reputation in public.

  4. False information to a public officer – She can also be charged under Section 182 of Indian Penal Code 1860 for providing false information to a public officer.

I hope this helps to resolve your query.


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