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Arup (UNEMPLOYED)     29 June 2010

CAN A MARRIED, DAUGHTER CLAIM MAINTAINANCE, FROM HER PARENTS

MR HEMANT (LCI MEMBER) TELLING THAT - "A MARRIED, NON-EARNING DAUGHTER" CANNOT CLAIM MAINTAINANCE FROM HER BIOLOGICAL FATHERS FAMILY,  AFTER SHE HAS BEEN MARRIED & STAYING IN HER HUSBAND’S HOUSE" - IS IT CORRECT OR NOT.

I WANT TO KNOW, WHETHER A MARRIED WOMEN CAN CLAIM MAINTENANCE FROM HER PARENT OR NOT?

IS THEIR ANY OPTION, EITHER FROM HUSBAND AND / OR PARENT? WHO IS ON FIRST PRIORITY?

IN CASE OF ‘YES’ OR ‘NO’ –

HOW (PLEASE PUT LEGAL PROVISIONS)?

&

WHY (PLEASE PUT THE LOGIC BEHIND IT)?

THANKS.



Learning

 2 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 July 2010

No a married women can not claim maintenance from her parents, as per section 125 Cr.PC, only unmarried daughter (may be major) can claim.

Munirathnam (Scientist)     01 July 2010

Hi All,

As per above posts, married women is not entitled for maintenance U/s 125 CrPC.

Can widowed women claim maintenance from her father or from her brother?


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