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As per dv act daughter in law is entitled to get maintenance

 

As per Domestic violence Act, daughter in law is entitled to get maintenance from father in law

 

 In the instant case, admittedly, the husband has a right in the
joint family properties. After death of her husband on 11.07.2006 due to
Brain Malaria, opposite party has acquired such right. Since she has not
been given her share in the joint family properties, the lower courts have
rightly granted monthly maintenance to opposite party till she gets a share
in the petitioner's properties.1
 
As the petitioner has not given to opposite party her share in
the joint family properties in question, the opposite party is entitled to get
maintenance till she gets her share in the said properties. In absence of
getting a share in the ancestral joint family properties, she is deprived of
her economic and financial resources to which she is legally entitled to get.
24. In view of the definition of 'domestic violence' given in Section 3
of the Act, 2005 and Explanation (iv) explaining the economic abuse, the
Courts below are fully justified to grant monthly maintenance to the
respondent (opposite party herein) till she gets her share in the ancestral
joint family properties.1

Orissa High Court
Gangadhar Pradhan vs Rashmibala Pradhan on 18 May, 2012
HIGH COURT OF ORISSA: CUTTACK
W.P.(Crl) No.519 of 2011
THE HONOURABLE THE CHIEF JUSTICE SHRI V.GOPALA GOWDA AND
THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA
Date of Judgment: 18.05.2012

https://www.lawweb.in/2013/09/as-per-domestic-violence-act-daughter.html



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 2 Replies

Samir N (General Queries) (Business)     28 September 2013

The case is very very fact specific and has no general importance for most DV cases. Here, she is effectively the part-owner of a property which has not been partitioned yet for her to derive any income out of it. Therefore, maintenance is justified... 

rajiv_lodha (zz)     30 September 2013

Yes, i agree. The title of the post does not justify its contents. Husband has the liabilty to maint wife till he is alive. DIL can get her share from INHERITED PROPERTY ONLY IF HUSBAND IS DEAD WITHOUT A WILL............its alrady provided in other civil-laws

Court has fixed monthly maint in liue of that share!


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