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srk (Service)     31 December 2013

Can my 498a get maintenance or a share in my parents propert

My Wife filed a false 498a 2 years ago, i tired to negotiate but she was after my property, she managed to file another 420 case on my parents and brother and made them spend a day in the jail, since then i dont wanna compromise, Lower court has ordered maintenance but i am overseas, i dont even want to give her a penny. i dont have any property as i have gifted it to my sibling.

1. As im not paying maintenance can she get the maintenance from my parents, they are old and have health issues, will these health certificates be enough to deny her maintenance. also she is educated enough to maintain herself? 

2. Will she be able to get a share in my parents property, its my parents hard earned money?

Experts please help....

Thanks in advance....



Learning

 4 Replies

Q Slinger (NA)     31 December 2013

1. No. Maintenance in this case, is only applicable from you to your wife. She cannot get relief from anyone else. 

 

2. No such law in India, yet, where the wife has rights to husbands parental property. because you are not paying maintenance, the court would block your bank accounts, take any property that is in your name and liquefy it and pay her the maintenance, they can also jail you once you visit in India for not paying maintenance.

 

So, now, they might seek to get LOC on you so the minute you step into India, the cops will arrest you, specially since you have a 420 and a 498a on you. This could result in your passport being seized. So if I were you, I would get the maintenance order over turned based on some hard evidence that she is well educated and if she has a job, thats even better.

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

1. As im not paying maintenance can she get the maintenance from my parents, they are old and have health issues, will these health certificates be enough to deny her maintenance. also she is educated enough to maintain herself? 

Your parents cannot be asked to pay her the maintenance amount, there is no law binding your parents to maintain your wife if you fail to do so.

 

2. Will she be able to get a share in my parents property, its my parents hard earned money?

No she cannot claim any right or share in not only your parents property but in your own property too,  atleast there is no law for the time being, may be a law will be enacted in the future but let us not worry about which is not in existence now.

 

You have not stated that under which law (civil or criminal) that an order of maintenance was granted to her by the court of law.

srk (Service)     03 January 2014

Thanks a lot Q Slinger and Kalaiselvan

its a relief knowing that she cannot get anything from my parents. There is already a LOC on me, but i have no plans to visit India in near Future.

she when to the extreme step of getting my passport impounded but i got a stay on it from High Court.

As of i know she is not doing any job, but i have her certificates to prove that she is educated enough to do a job, i also have a copy of her expired USA H1B document which is a proof that she was doing a job earlier.  I spoke to my lawyer and he said that as im not in India its not even necessary to contest the Maintenance case. i have gifted my property to my siblings, at present i dont have any property on my name. so there is no chance of her getting any maintenance. he was mentioning that if my father contests the maintenance case then he will be liable for the maintenance if we lose the case.

Can my wife show in the court that my property was gifted to my siblings and ask a share in it or ask to liquify that property to pay maintenance?

Is there any difference when Maintenance is granted under civil or criminal laws?

Thanks  a lot once again for your time experts.

Q Slinger (NA)     04 January 2014

Doesn't matter if she can show the court that you gifted it your siblings, no one can touch it. 

 

I don't think there is such thing as maintenance under criminal law.


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