Maintenance related

SC judgment of Batra vs Batra which clarified that mother-in-law’s house couldn’t be claimed to be shared household under DV Act by daughter-in-law.

1) Daughter-in-law cannot assert her rights, if any, in the property of her parents-in-law wherein her husband has no right, title or interest. She cannot continue to live in such a house of her parents-in-law against their consent and wishes.

2) Even an adult son or daughter has no legal right to occupy the self acquired property of the parents; against their consent and wishes. A son or daughter if permitted to live in the house occupies the same as a gratuitous licensee and if such license is revoked, he has to vacate the said property, the bench said.

3) While the daughter-in-law cannot claim in in-laws any property at this stage, what to talk of the shares arising out of partnership of your uncles.

4) Any dowry given by her parents, jewellery, furniture, belongings covering stridhan are her own absolute property must be returned to her, better under proper acknowledgement in the presence of two outside witnesses.

5) In regard to maintenance place the facts before the court and seek relief stating reduction in salary.The court however decides taking into account the total earnings on both sides, the standard of living the husband gave to wife when lived together and various other factors.

Dear Sunil,

Your wife is only yours responsibility not your familys'

Base of granting maintenance is

only yours monthly income in hand

( MINUS) Your liabilities

( MINUS) Your personal needs

You can file discharge application on behalf of your uncles if your wife have not lived in joint family with them.