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KJC (None)     08 November 2014

Self and child maintenance

Hello Readers,

I’m not sure if ‘maintenance’ is the right categorization of my question, but I found it to be the closet match of my problem. I have been married for over 10 Years now and have two wonderful kids aged 8 and 6. Soon after my marriage I realized that my husband has some mental health issues and is not capable of providing for his wife and kids. My husband and his family kind of tricked us into this marriage without let us know about his mental issues. Almost immediately after my marriage my husband and I lived in a separate house. On and off, for the last 10 years I have been dependent financially on my parents, while my father-in-law didn’t took any responsibility even when he is quite well to do.

But now I have decided to take the matter to the court of law. But before going that way, I wanted to get some legal advice as to what am I (and my husband) legally entitled to get from my father-in-law. From what I understand, since my husband is not mentally sound he’s dependent on his father. When the father got his mentally un-sound son married then who is responsible for providing for his wife and their children? Is there any legal case against my father-in-law?

I have many more to share, but that’s my case in a nutshell. I can provide more details if needed/required.

Any help will be much appreciated.

Thanks in advance.

KJC



Learning

 3 Replies

Dr J C Vashista (Advocate)     08 November 2014

Neither you nor your husband/childern are dependant  of your father-in-law.

It is the sole responsibility of your husband (or his estate) to care and maintain yourself and the children. If he is unable then the responsibility (if you can shoulder) lies with yourself.

Donot adventure for litigation.

Anish Thakur 7018812737 (advocate)     08 November 2014

Dear Author,

When your father in law hidden rue facts from your parents and you about illness of your husband and cheated , soon after you came to know about this things you was in right to file cheating and fraud case as well as suit for divorce but now its already ten years and you have wonderful family and children then dont go for it as it is delayed matter.

However your husband being legal heir can ask for his share in the property if your father in laws has inherited that property from great father in law, in nutshell if the property is ancestral property than your husband can ask for his share.Feel free to call if you have any query left in your mind.

T. Kalaiselvan, Advocate (Advocate)     12 November 2014

Legally and literally you donot have any claim against your father in law.  If at all you had a chance of filing criminal complaint for cheating against your father in law for having done the marriage suppressing the fact of his mental illness, it should have been immediately on discovery of the fact by you and not at this belated stage.  No such complaint or case is maintainable now.  If the property in possession by your father in law is ancestral in nature, your husband  is entitled to a share out of his father's property,but for filing a partition suit, your husband has to be mentally sound or else you have to apply for guardianship through court of law as a guardian for your husband and  can sue on his behalf.  Just because your father in law is economically sound, you cannot claim anything for your maintenance from him.  Consult a local lawyer for further clarifications.


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