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T Gangadhar   27 June 2020

regarding 125 crpc alimony

I registered a case under 13 a 1a nd 1b to wife after that my wife asking maintainence based on my father property is she eligible for that and we don't have kids.

My father's property is owned by him not any ancestors. We are almost 4 brothers nd one sister..

I don't have any income right now..am totally depending on my father...father is doing business so, he saying me as business man

How to counterfile that notice kindly suggest


Learning

 2 Replies

Dibsha Nanda   27 June 2020

Hello. 

The law is very clear on the fact that the maintenance of a married wife, during the subsistence of the marriage, is on the husband. The obligation to maintain a daughter-in-law arises only when the husband had died, that too from the properties of which the husband is a co-sharer and not otherwise. 

The self-acquired property of the in-laws cannot be a subject matter of attachment during the lifetime of the husband as it is a personal obligation of the husband to maintain his wife.

You may refer to various judgments I've listed below where it has been held that the father-in-law has no obligation to maintain his daughter-in-law from his self acquired property. The same is the personal liability of the husband.

  • S.R. Batra And Anr vs Smt. Taruna Batra, 2007 (3) SCC 169
  • Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and Ors. 2008 (3) SCC 649
  • Sardar Malkiat Singh v. Kanwaljit Kaur and Ors., 2010 (116) DRJ 295.

Also, the right to claim maintenance under Section 125 CrPC will arise only when the wife is unable to maintain herself or when the husband refuses to maintain her. You may refer to this article for more details on Section 125 CrPC:

https://www.lawyersclubindia.com/articles/model-answer-for-maintenance-u-s-125-crpc-for-judicial-examination-preparation-9287.asp

I hope it helps!

Regards

Dibsha

1 Like

P. Venu (Advocate)     27 June 2020

Your wife can claim maintainance and/or alimony and court would dispose of such claims based on the facts and circumstnaces of the case. But has no claim at all against the property belonging to your father.

1 Like

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