1. No. Maintenance can be claimed by the dependents only from those who are liable to maintain them. Wife isn't a dependent of Mother in law.
2. No. Analogy is same as above.
Can Hindu granddaughter ask for maintenance from father's mother?
Hindu wife has filed divorce case against hindu husband. They have one small aged child. Wife is earning good salary. Husband is unemployed and he has no source of income. So, husband offers to transfer his share in a property to wife as one time lumpsum maintenance for wife as well as child. But wife wants more. Wife wants a monthy payment in addition to lumpsum maintenance. Husband is unemployed and so cannot pay on a monthy basis. Wife evil eyes fall upon the money with husband's retired mother. Question1: Can wife claim maintenance for herself from husband's mother? Question2: Can wife claim maintenance for their child from husband's mother? Thank You.
Asked 6 years ago in Family Law
Religion: Hindu
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9 Answers
Wife cannot claim maintenance from husband mother
2)wife cannot claim maintenance for child from husband mother
A. No. when husband is alive, wife cannot claim maintenance to maintain herself from husband's mother as she is not dependent. And husband cannot escape from his duty and responsibility under unemployment. He has the bounden duty to maintain his family members or dependent as the case may be. The children can claim maintenance from the parents If the husband and wife both are working or salaried person.
B. No. wife cannot claim maintenance for her child from husband's mother as quoted the reason above.
Answers,
1. Until her husband get share from his mother's property, maintenance can not claimable.
2. Same mentioned above applicable to the child as well.
1. In presence of husband no one else except he is bound to maintain his wife.
2. Same as above.
1. A married woman can claim maintenance only from her husband, not in-laws.
2. She also cannot claim maintenance for and on behalf of her child from her mother-in-law. The liability can be fastened only to the father of the child.
Hi, the wife can only seek maintanace from her husband and not form her mother in law .. Before Giving her a lumpsum amount enter into a MOU to widthdraw all her cases and not to Claim any alimony in future
Question1: Can wife claim maintenance for herself from husband's mother?
No she cannot claim any such thing, no such claim is maintainable in law,
Question2: Can wife claim maintenance for their child from husband's mother?
The answer to the Q1 above shall be applicable to this situation too.
Hello,
A special court in Delhi in 2016 held that A wife is entitled to seek maintenance only from her husband and is not liable to be maintained by her in-laws.
Regards
