Hi to everyone. I would like to know one thing regarding Maintenance / Crpc 125 which i think would be helpful for everyone. The case goes like this. real names changed.
Mr. X AND Mrs. Y IS A MARRIED COUPLE. THEY GOT 2 SONS. ELDER SON Mr. A AND YOUNGER SON Mr. B. NOW Mr. A GOT MARRIED WITH Ms. D AND Mr. B GOT MARRIED WITH Ms. E. MR. A & Ms.D GOT A DAUGHTER WHO IS 6 YRS OLD. MR.B & Ms. E DONT HAVE ANY CHILD AS ON DATE. SOON AFTER THE MARRIAGE OF Mr. A LOTS OF MATRIMONIALS DISTURBANCES TOOK PLACE. HIS WIFE WENT TO HER PARENTS HOUSE MANY TIMES AND RETURNED BACK EVERY TIME. BUT AT THE END Mr. A `s WIFE Ms. D WENT TO HER PARENTS HOUSE AND NEVER RETURNED AND STAYED THERE WITH HER DAUGHTER. LATER ON Ms. D & HER PARENTS FILE DV CASE AGAINST HER HUSBAND, INLAWS....... THE FAMILY COURT PASSED AN INTERIM ORDER OF Rs. 2000/- P.M. AS A MAINTENANCE FOR Ms.D & HER DAUGHTER. Mr. X & HIS FAMILY USED TO STAY IN A 3 BHK FLAT WHICH WAS BOUGHT BY HIS YOUNGER SON Mr. B . THE FLAT IS IN NAME OF Mr. B. MR. X WAS A RETIRED CENTRAL GOVT EMPLOYEE FROM INDIAN POSTAL DEPTT. HIS WIFE Ms. Y WAS A HOUSEWIFE. THEIR ELDER SON Mr. A WAS A MARKETING EXECUTIVE AND Mr. B IS AN ENGINEER BY PROFESSION AND WORKING FOR A MNC. DUE TO ALL THE CONTROVERSIES AND LAW MATTERS Mr. X , Ms. Y PASSED AWAY . FIRST Mr.X AND AFTER 2 YRS THEN Ms.Y. THIS LED TO SEVERE MENTAL STRESS ON Mr. A AND HE ALSO DIED IN AN ACCIDENT WHICH THE POLICE HIGHLIGHTED AS SUICIDE. Mr. A HAVE 3 LIC POLICIES WHOSE NOMINEE WAS HIS MOTHER. NOW AS THE POLICY HOLDER AND NOMINEE BOTH HAVE EXPIRED AND AS IT IS A SUICIDE CASE THE LIC HAVE DENIED TO SETTLE THE CLAIM MADE BY THE WIFE OF Mr.A THAT IS Ms. D. EVEN THGE COMPANY WHERE Mr. A WAS WORKING THEY HAVE REFUSED TO HELP FINANCIALLY TO Ms.D. NOW Ms. D IS THREATENING TO HIS BROTHER -IN-LAW THAT IS Mr. B THAT HE HAVE TO PAY MAINTENANCE TO HER OR ELSE SHE WOULD FILE A MAINTENANCE CASE AGAINST Mr.B . THOUGH ON HUMANITARIAN GROUNDS Mr. B HAVE AGREED TO TAKE PROPER CARE HIS LATE BROTHER`S DAUGHTER BUT Ms. D IS NOT READY TO LEAVE HER AT THE HANDS OF HER UNCLE. MOROVER Ms. D IS ALSO CLAIMING A SHARE ON THE FLAT WHERE Mr. B IS RESIDING WITH HIS WIFE Ms. E. THE FLAT IS SOLELY PURCHSED BY Mr.B AND THE FLAT IS IN HIS NAME.
MY QUESTION IS : CAN A LADY CLAIM MAINTENANCE FROM HIS PARENT/SISTER/BROTHER INLAWS APART FROM HER HUSBAND . IS IT UNDER SEC cRPC 125 OR ON WHICH SEC ? IN THESE SITUATION CAN Ms.D HAVE LEGAL RIGHT TO CLAIM HER SHARE FROM THE FLAT WHICH IS SOLELY PURCHASED BY HER BROTHER -IN-LAW Mr.B. THE OWNER OF THE FLAT IS Mr.B
PLEASE ADVICE.
