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VORA (Business Development)     27 May 2011

Refusal of Maintenance on Fictitious Grounds

DEAR LEARNED ADVOCATES

MY DAUGHTER WAS SUBJECTED TO MENTAL AGONY, HARASSMENT AND CRUELTY BY HER IN LAWS AND NOW SHE IS STAYING WITH US AFTER DELIVERY OF A CHILD FOR LAST ONE YEAR. HER PLEA FOR MAINTENACE IS WITH FAMILY COURT WHERE THE MATTER IS PENDING. HER HUSBAND HAS REFUSED TO GIVE ANY MAINTENANCE ON THE GROUND THAT HER FATHER (ME) IS CAPABLE OF PROVIDING FOR THE EXPENSES OF THE NEW BORN CHILD AS WELL AS MY DAUGHTER. I AM A RETIRED PERSON AND HAS SAVINGS JUST ADEQUATE TO TAKE ME AND MY WIFE THROUGH OUR OLD AGE YEARS. MY QUESTION IS: CAN A HUSBAND REFUSE TO PAY MAINTENANCE FOR HIS WIFE AND HIS CHILD ON THE GROUND THAT HER FATHER IS ABLE TO FOOT THE BILLS OF BOTH OF THEM ? CAN HE ALSO REFUSE TO PAY ANY INTERIM MAINTENACE  ON SUCH GROUNDS ? KINDLY ADVISE ME IN THE MATTER. I AN READY TO PAY REASONABLE FEE TO THE LAWYER FOR GUIDING US THROUGH THIS PROBLEM. THE CASE IS FILED IN MUMBAI FAMILY COURT.



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 7 Replies

rahul (director)     27 May 2011

this is not a ground to refuse maintenence. by he way.. who the husband to refuse,, its court who decide the maintenence application filed by  your daughter. you told that application for maintenece is pending, then let court  pass an order,. court will never look the ability of the father to foot the bills.  court only see the ability of the girl to maintain herself if she is working or worked in past. in any way husband have to pay for chind acording to his income .which you have to prove in court.

dont worry about refusal by husband. its court to decide whether refuse or grant some amount.


(Guest)

Your daughter has a right in your ancestral property. You should first provide that. Have you done that already?

 

As a elder your role should be to ensure that your grand kid  is gets love and affection of his father rather than go with whims and fancy of your daughter.

 

Sorry  but It need to be told as it is.


(Guest)

Respected author

plz go thru followinglink. .You will get solution to your problem.

https://www.lawyersclubindia.com/forum/Re-Re-DIVORCE-COMPENSATION-PLZ-HELP-37525.asp

 

Tajobsindia (Senior Partner )     27 May 2011

@ Author

1.
You daughter has to prove "ability" as well as "income" of your son in law to get interim maint. for herself.
2. A father (i.e. your son in law) canot refuse meeting maint. needs of his child.
3. If you daugher has not shown to concerned Court "sufficient reasons" prime facie to stay apart then she may not get any maint. for herslef.  
4. To file a maint. suit in a Family Court your daughter is using services of a ld. Advocate and with this que. there is not enough reason to change his/her services. Have faith in his/her ability to get justice for your daughter and he / she must have already explained to you and to your daughter on which all grounds interim / final maint. are granted by family Courts.

Arup (UNEMPLOYED)     27 May 2011

THE CASE IS FILED IN MUMBAI FAMILY COURT.

 

---   therefore wait and see.

she inheriate you also.

according to the maintenance law of the land, a woman may get maintenance from her husband subject to -she has no other source of income.

adv. rajeev ( rajoo ) (practicing advocate)     27 May 2011

Your son in law cannot refuse to pay the maintenance by saying that you are capable of taking care of her and her child.  While granting the maintenance what is the condtion of the petitioner is looked into but not her father's.  If she has got any independent income then she is not entittle to claim the maintenance but she can claim the maintenance for her child.

If your son in law has got ancestral properties your grand child can file a suit for partition and seperate possession thru., his/her mother as natural minor guardian.

Nirupom Dutta (advocate)     28 May 2011

MR VORA YOUR DAUGHTER AND THE CHILD IS ENTITLED TO MAINTAINANCE / OR INTERIM MAINTAINANCE AS THE CASE MAY BE. YOU SON IN LAW CAN NOT REFUSE TO PAY MAINTAINANCE ON SUCH GROUND IT IS HER RIGHT TO GET MAINTAINANCE IF SHE HAS NO SOURCE OF INCOME.


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