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Rahul singh (advocate)     09 July 2017

Maintenance in domestic violence

when husband is death,is wife can get maintenance from her father in law,mother in law in domestic violence case?



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 6 Replies

Sachin (N.A)     09 July 2017

 

Originally posted by : Rahul singh
when husband is death,is wife can get maintenance from her father in law,mother in law in domestic violence case?

 

 

 

If at the time of death of husband wife was living in " Shared Household" or if  "Property of deceased person" is in the possesion of in-laws then only wife of deceased can claim maintenance from in-laws.

Arvind Singh Chauhan (advocate)     09 July 2017

she can't get """"maintenance""""  from inlaws. 

Raveena Kataria (Advocate )     15 July 2017

Hi! I agree with what's been stated by Sachin. Please refer to this case (by clicking here) in which the wife of the deceased was denied maintenance under d/v because she couldn't prove that she was residing in the same house as her in-laws before filing of the complaint.

Please note, the wife of a deceased (till remarriage) can also seek maintenance from her father-in-law u/s 19 of the Hindu Adoptions and Maintenance Act, subject to the provisions laid down u/s 19.

Saritha   18 July 2017

Hi, Husband died unexpectedly while 498a case is in progress. People are telling that case will close automatically because he is the A1 person. I don't want to close this case. A2 and A3 person's are there. Even I don't have kids because of my husband. I lost everything because of him and his family. What are the procedure to get settlement from my husband family? Pls understand my situation and suggest the right way. Regards, Saritha

Saritha   18 July 2017

Hi, Husband died unexpectedly while 498a case is in progress. People are telling that case will close automatically because he is the A1 person. I don't want to close this case. A2 and A3 person's are there. Even I don't have kids because of my husband. I lost everything because of him and his family. What are the procedure to get settlement from my husband family? Pls understand my situation and suggest the right way. Regards, Saritha

Sachin (N.A)     19 July 2017

Originally posted by : Saritha
Hi,
Husband died unexpectedly while 498a case is in progress. People are telling that case will close automatically because he is the A1 person. I don't want to close this case. A2 and A3 person's are there. Even I don't have kids because of my husband. I lost everything because of him and his family. What are the procedure to get settlement from my husband family? Pls understand my situation and suggest the right way.

Regards,
Saritha

 

Your information is incorrect case will not get close because of the death of accused. The case will continue. If you want to settle the case enter into the settlement deed with your inlaws and then move to HC for quashing of FIR  u/s 482 CrPC


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