• Domestic Violence case filed against husband, mother in law, fath

For claiming maintenance from husband, should I add income of father in law mother in law and sister in law since all of them were party to dowry, mental harassment and are earning members? Domestic Violence case has been filed against all of them. They have approached for MCD.Pl enlighten me
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1)you can only claim maintenance from husband income not that of his family members

2) court considers net income of husband while determining maintenance

3) MCD is best option

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

You can seek remedies available in the domestic violence act against member of the shared household including your in-laws but maintenance order shall be passed against your husband only. You cannot seek maintenance order against in laws or relative of your husband because it is Paramount responsibility of the husband to maintain his wife.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hello,

As per the statute you can only claim maintenance from your husband and therefore to claim maintenance it is appropriate to place reliance on the income of your husband.

However, in order to create some background to the case you may add these things as additional detail.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There's no embargo to that, however, the final call will be taken by Court and it may or may not take into consideration their income while determining the quantum of maintenance.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Since liability to maintain wife solely rests on husband the income of your in laws would not be taken into account.

However you can still mention those so your husband may not take false plea of bearing expenses of his parents also.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

As far as maintenance is concerned you can claim the same from your legally wedded husband alone and not from his relatives for any reason.

In MCD you can settle down for one time alimony settlement also if it suits you and agree for MCD.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

Dear Concerned,

In presence of your Husband your parents in law are not liable for providing maintenance to yourself. Hence you can not ask for maintenance from them .

In case of MCD you may choose to ask for a one time settlement / alimony the source of which can be anyone - as in that is your husband's concern where to give you that money from.

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

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