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Amar   18 February 2021

Legal help for poor widow women

HI Sir,

I had one long distant relative name - Lakshmi.

She is a HIV Patient and her husband also died with health. She had no kids and her mother also died. Father is drunkard who doesn't care about her. Now father in law is not giving money for basic maintenance and she doesn't have good health to work.

All the family members are torturing her to death to take husband property. She need some legal help to survive.

Is she can request judge for protection and request money for basic maintenance. Any NGO (or) lawyers can help her with legal suit with nominal fees.

Please help

 

 

 

 



Learning

 5 Replies

Kevin Moses Paul   18 February 2021

As per the situation that you've explained above, it clarifies few points -
a) the lady is widow,
b) is having health issues,
c) is being tortured by family members,
d) she's physically incapable to work and maintain her self.

Section 19 of the Hindu adoption and Maintenance Act, provides that a widowed daughter-in-law is entitled to be maintained by her father–in –law.

The section further states that 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.

In the case of "Raj Kishore Mishra v.Meena Mishra", the court held that where from the estate of the parents, the daughter-in-law can maintain herself; question of father-in-law does not arise.

But you can never help someone if the person himself/herself doesn't make efforts. Therefore, in order to help you need her consent first.

After you've obtained her consent, you may proceed to file a plea in family court for the maintenance of the daughter in law with the help of the section states above.


Hope it Helps

Regards
Kevin Moses Paul

Shashi Dhara   19 February 2021

U have not stated that whichstate resident,let she contact free legal aid provided by govt.

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 February 2021

To apply, she need to fill out a legal aid application form and give it to a person at the Legal Aid NSW office or send it to the address on the application form. On the application she can ask for a lawyer who works at Legal Aid NSW to represent her.

Legal Aid NSW: Home

www.legalaid.nsw.gov.au

Dr J C Vashista (Advocate)     20 February 2021

None of the experts on this platform may be able to help the lady, be clear.

She should approach her district or state legal services authority for providing legal help which is available FREE OF COST for such litigants.

P. Venu (Advocate)     20 February 2021

The facts, as posted, lack clarity.


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