debraj sahu (Advocate. High Court at Calcutta) 09 February 2013

Liability of karta/manager of huf to maintain daughtr-in-law

Can the Karta/manager of a Hindu Undivided Family be held liable to maintain daughter-in-law after dovorce or while the suit in pending in the court. In the recent case of Radhika Narang, the High Court at Delhi held that the karta/manager cannot be held liable to maintain the daughter-in-law in the life time to the husband i.e. to say that the husband is alive.

My contention is that in case there is a HUF, the karta/manager being the head of the family as well as the manager of all family business is liable to maintain the family including the daughter-in-law before any dispute has arisen with respect to the marriage. Thus he should be held liable to maintain daughter-in-law even after divorce. Otherwise the husband would easily be able to show his income lower in order to avoid the amount of maintenance. But if the karta is held liable the relief/maintenance would be proper and justified and there would be lesser opportunity to avoid maintenance by the husband.

What do u think? I need your comments and suggestions, and supporting statements and authority for this case.

Thank you

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Originally posted by : debraj sahu
	Can the Karta/manager of a Hindu Undivided Family be held liable to maintain daughter-in-law after dovorce or while the suit in pending in the court. In the recent case of Radhika Narang, the High Court at Delhi held that the karta/manager cannot be held liable to maintain the daughter-in-law in the life time to the husband i.e. to say that the husband is alive. My contention is that in case there is a HUF, the karta/manager being the head of the family as well as the manager of all family business is liable to maintain the family including the daughter-in-law before any dispute has arisen with respect to the marriage. Thus he should be held liable to maintain daughter-in-law even after divorce. Otherwise the husband would easily be able to show his income lower in order to avoid the amount of maintenance. But if the karta is held liable the relief/maintenance would be proper and justified and there would be lesser opportunity to avoid maintenance by the husband. What do u think? I need your comments and suggestions, and supporting statements and authority for this case. Thank you

If kartha married your wife, then he liable to pay maintenance to your wife

Kartha or manager of undivided family did not marry your wife, you married your wife, now that you eaten the cake, you have to pay bill, why will kartha pay bill, and why will any court order kartha/manager/parents to pay maintenance to your wife.

It is responsibility of the husband to pay maintenance, and so is the law, if husband is not able to pay maintenance then his property undiivided etc could be attached in claiming maintenance.

If there is no property at all, then no court cant force a husband to pay money, on the other hand such husband will be taken into judicial custody, and the wife will be made to pay money for the expenses incurred by the court in maintaining her husband in jail.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 February 2013

Dear Querist

This is a quasion of debate on HUF/Karta, may be the aggrived party filed an SLP or appeal before SC and raise this issue before SC, so till date wait and watch.