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uuu (RETIRED)     11 June 2012

Maintenance

Dear all 

 my daugther in law  brother filed DV case on b/h of his sister  she is living in her materonial house with  us  with many aliggetion  demanding car ,cash etc . now she is threatening  she will ask court for maintenance and more over she will live with us   pl advise 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 June 2012

Ordinarily a wife is entitled to maintenance only when she is in the matrimonial home under her husband's protection. If she withdraws herself wilfully from the husband's house  and defaults in her wifely duties her claim tomaintenance becomes suspended. If there is a justifiable ground, she can claim maintenance while in separate residence. The justifying grounds are the following:-

1. Husband's desertion,2.Husband's cruelty, 3. Husband's leprosy, 4. Husband having another wife living, 5. Husband keeping a concubine,6.Husband's conversion toanother religion.,7.Any other justifying cause.

Arjun Gupti (Business)     15 June 2012

Nice information RAMA sir.. 

Amit (NA)     15 June 2012

I have small query.

Since divorce proceedings are going on how can wife live under husband's protection?

What if the husband filed for divorce? How can he allow wife to reside in his house?

Also if annulment is filed under S.12 of HMA then they should not cohabit. In this case how can the husband allow her to reside in his house?

Will it suffice if the husband provides some accommodation to his wife not necessarily in his house?

How will the location of the accommodation be decided? Will it be near her matrimonial house or near her maternal house?

What happens if wife refuses to stay in the house provided by husband but insists on rent amount to be paid to her directly?

Amit (NA)     15 June 2012

I have small query.

Since divorce proceedings are going on how can wife live under husband's protection?

What if the husband filed for divorce? How can he allow wife to reside in his house?

Also if annulment is filed under S.12 of HMA then they should not cohabit. In this case how can the husband allow her to reside in his house?

Will it suffice if the husband provides some accommodation to his wife not necessarily in his house?

How will the location of the accommodation be decided? Will it be near her matrimonial house or near her maternal house?

What happens if wife refuses to stay in the house provided by husband but insists on rent amount to be paid to her directly?


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