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Swapnil Shirodkar (Process Control Engineer)     24 February 2012

Maintainence!!!!!!!!!!

 

'' Maintenance of a married wife, during subsistence of marriage, is on the husband.  It is a personal obligation.  The obligation to maintain a daughter-in-law arises only when the husband has died.  Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise.  For invoking the said provision, the husband must have a share in the property.  The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property.''

Can Someone throw more light on Above.. person has not invested in any property, but have a share on his mothers Property. Does it means, Court can direct to pay maintainence if a person has a inherited share in property????????



Learning

 3 Replies

Tajobsindia (Senior Partner )     24 February 2012

@ Author

“See once you have heard of a new citation it's okay to ask we the legal professionals here if you are going to hit by its Ruling being similar to facts in hand pertainig to your case. But try not to become immediately fixed on all new citation(s) (herein perception of two ld. Judges – one from DHC and from DB of SC from where you picked the quote and unquote which was under DV ruling and asking us to decipher same squarely fitting in your case or not) OR you may deny yourself the chance to obtain a complete perspective and possibly the most appropriate legal contest options based on already received relief she received for your specific alleged facts.”

 



Now having shared above gyan my dear friend let me lead seeking from your self did any Court gave any relief to your errant wife over 1BHR flat which we were discussing all these days in so many previous postings of yours?  How you have got share in factum 1BHR flat which was never whispered in any of your previous questions till date before us? If so then let us discuss law points under challenge on specific averments therein the Order she has got and if not then my dear friend ipso-facto reading family law is like chuskibaazi but the moment a layman plan to go deep and deep one shall read above opening paragraph which is based on josh and hosh formula.

However I am in no way having plans to discourage you in exercising options but let us stick to your wife’s Court Order (if any in hand) that your wife has in hand and relief (strategy) to boogie it down based on prudent Law points and all other discussions may confuse you is my view.


So what you concur now……..

 


PS.: Others may continue discussions with @ Author

1 Like

Swapnil Shirodkar (Process Control Engineer)     24 February 2012

Dear Author

Well I was just going thru some judgements and I wanted to know as this particular citing is somewhat related to my case as my wife is still constantly nagging for the 50 pc share on my mammas property in order to have a separate house where me and my wife can live alone as she was still saying she wont be able to live in My mothers one bedrooom flat as 

1. There is no privacy

2. No one should use that rooom.

3. The sound of utensil breaks her sleep

Till now she hasnt approached the police but her Parents has given me a deadline till oct/no to solve her problem failing which me and my old age parents will be behind bars. The tension is still on like US/ISRAEL-IRAN war tensions...

Also, In case if i file for a divorce on ground of mental harrasment to me and my Family by wife and Inlaws, Will the above judgement apply as I dont have my own house, but i am one of the legal heirs of my Mothers house...

I feel its better to cut the infected finger before it spreads to the whole body. One good thing about her is she is also a good financial planner and always tries to save but all these action of hers really put these good qualities in backseat

Also to add to It, some more facts

1. We havent asked for a single penny dowry (only god is the witness). My family had made a prenuptial agreement before our engagement mentioning NO DOWRY was asked, but it was somewhat opposed by them saying, yeh sab bharose pe chal ta hai, kagaj par nahin agar appki hum pe bharosa nahin hai to mat karo. We somewhat shrugged it off thinking the girl was nice and family was simple so let it go but never expected after marriage, it would backfire on us like this

2. Majority of marriage expnenses were borne by me right from Buying the matress, Cupboard, honeymoon etc. As per their so called riwaz, a Husband has to buy the wife a gift and give it during the first night. I got Gold bangles for her, 50percent amount Rs 30000 was given my me and 50 percent her Granny contributed. 

.3. She indeed came to Nigeria to stay with me for two weeks In december inspite of all this which happed and over here too she threw her tantrums.

4. After marriage, I have her Given her the Pocket money for OCT-Jan, April to August well in advance. 

5. I also gave a sum of 4 lakhs to put in the Fixed as we were not able to open a joint NRO account as i am based overseas all based on TRUST....

6. They wanted to have a very simple marriage due to cost factors and during the marriage, only few of her close friends were present no Relatives. Even we couldnt call our relatives due to space and cost factors.

7. Now her Granny has admitted the mistake ''MUJSE BHUL HO GAYI, HAMKO PEHELE HI MANA karna chahiye tha jab bhi maine appka 1 bedroom ghar dekha. My marriage happned exactly 6 months after engagement i was wondering 6 months were they sleeping, they could have called off the engagement if they were citing such problems. I have all the voice recordings and chat messages confirming the same. They are accusing my family of kicking her out when the fact is she went on her own, my mother still calls her to the house but she is not willing to come and wants a separate house.

Swapnil Shirodkar (Process Control Engineer)     24 February 2012

.......


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