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K.P.Nataraj (Trader)     11 August 2023

Maintenance from in laws.

Respected Sirs,

               My Sister (Our Maid Servant's Daughter) married 7 years back.  She has one

Girl Child aged 6 years.   Her husband was sentenced to imprisionment for 20 years

under Pocso Act.  He is in prision now for 3 years.

               She works as a Daily labourer and looks after the child and she stays with

her parents.

                She filed a Maintenance case .  As her husband is in jail, she asked her in laws

for maintenance.

                  Her in laws have the following properties.

        1. One Acre of land from Ancestral Property

         2.  2 Acres. of Agricultural land and 2 Nos. of Houses  all self acquired 

               properties of her Father in law

        Her husband is the only Son of the in laws.   He is the sole legal heir to his

father's properties.

         The in laws say that they donot have source of income to pay maintenance.

          My Question is:

      1.  Whether she is eligible to get maintenance from her Father in law.?

       2. Whether She can file a suit for the share in her Father in law's properties?

                     Please explain



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 August 2023

Answer to both the questions is a big NO.

Her father in law is not liable to maintain her especially when her husband is alive, even though he is reported to be in prison undergoing a 20 years term of imprisonment.

She is not having rights over her father in law's properties at least not during the lifetime of her father in law and her own husband.

1 Like

Dr. J C Vashista (Advocate )     12 August 2023

She should claim maintenance from father in-law through share in the estate of her husband. 

During life time of her father the girl child can seek partition in ancestral property.

1 Like

T. Kalaiselvan, Advocate (Advocate)     12 August 2023

 

It's reported that except for one acre of agricultural land the other properties are self acquired property of her father in law.

Her husband is not having any estates or any share out of his father's estates.

The wife and children can claim maintenance from him alone and not from his father during his lifetime.

His child can claim partition and allot one share out of her father's share in the property.

Since his wife has already filed maintenance case against her husband, she may not be entertained to claim maintenance from her father in law as an alternate.

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