suraj12345 (engineer) 07 February 2012

Want help for my sister

sir,
this is kohinoor tajne from bhandara. my sister got married in apr 2003 with one advocate.he is doing his private practice at his native place. and he files case without knowing to my sister he filed divorce case but due to short duration that case was rejected by judge.during that period my sister got her a baby son in feb 2004.and they are living my house at bhandara as she is govt servant at bhandara. my jiju married with one friend with divoce is complted in temple, and now they do have on child.now my jiju wants maintance from my sister as he is saying that his practice not good.as divirce is not done how should she gave the maintanance to him and even my nephew is also with us.pls guide me regarding this case.......

regards

kohinoor tajne

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9 Replies

Chaitanya_Lawyer_Mumbai (Lawyer) 07 February 2012

Husband is entitled to maintenance in HMA if he proves that he is not capable to maintain himself & his wife is having sufficient income.

He needs to file petition in court for that.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 February 2012

Mr.Kohinoor,

Your brother-in-law would have to make out a very good case for maintenance, and considering your sister ias already taking care of the kid - most probably he won't get it.

The tenor of your question is not very clear - if i am not wrong he has married again as well...if he has he is liable for bigamy

shivendra sachan (advocate) 08 February 2012

first ur sister needs to file a complaint for bigamy against us jiju. Whereas maintenance is concern court ll not allow after seeing his inequitable conduct.

Ranee....... (NA) 08 February 2012

Originally posted by :Chaitanya_Lawyer_Mumbai
"	Husband is entitled to maintenance in HMA if he proves that he is not capable to maintain himself & his wife is having sufficient income. He needs to file petition in court for that.	"

how can a person married second time without divorce can be entitle for maintenance??

Chaitanya_Lawyer_Mumbai (Lawyer) 08 February 2012

He will not admit second marriage in his maintenance petition, so he may get it.

It is for the wife to file case of bigamy aginst him & prove, if possible.

(Guest)

Your sister should collect proofs of her husband's second marriage not to prove his bigamy but to prove his adultary.He should be sued for his misdeeds.your sister can file Restitution of Conjugal Rights.If she gets decree in her favour then he have to come to live with your sister, if he does not come then he is not liable to get maintenance and your sister can get a easy divorce.