Sister and her daughter maintenance
HI My sister got married in the late 90's and has two grown-up children(Boy-11yrs and girls -9yrs)... Initailly he was good but started extracted money out of my dad citing different reasons.. we came to know he had sexual affair with a lady above his age.
When we confronted he went on to file 'Adultery Case ' on her in 2010 saying she had affair with a guy.. That guy really didn't do anything but to warn her husband. But he fabricated story on that....
From then on she is living with her daughter at my parents home...The case is on court...Its been nearly 4 years... he never tried to see his daughter and so spend on her welfare...
Is there any way to claim maintenance for my sister and her daughter... We need atleast 20k per month. as u know expenses for her tuition fees,food and accomodation....
But he and his lawyers arguing that the case is adultery and my dad is above middle-class rich.So no maintenance.... What do i do ? I want to do something for my sister.....
Asked in Family Law from Bangalore, Karnataka
What happened to your nephew(sister's son)?. You say that the case is in court since 4 years. Has Adultery been proved?. If adultery is proved, your sister won't get maintenance, but her daughter & son would be eligible for maintenance
Thanks Shashidar Sir.. My nephew is with him ...My Brother-in-law is objecting to see him .thats another problem..
Yes. Case is pending for last 4 years...No Adultery is not proven and it is false allegation.
Can we claim backward interim maintenace also... I mean for the last 4 years and till the judgement.....
Asked 3 years ago
File a petition under section 125 crpc claiming maintenance from the husband for the wife and the children. even if your father is a middle class man and earning good, he cannot be expected to maintain the daughter who is already married and not yet divorced. according to Hindu law, the father is the first guardian of the children so maintenance can be claimed for both the children even if adultery is proved in case of the wife. The wife may get interim maintenance till the case is pending in the court of law.
Follow as advised by ld.friend Ms. Shaveta, Adv.
Advocate, New Delhi
Thank you Shaveta.. Crystal clear advice.... As i mentioned above, shall we claim that amount... My brother-in-law is very happy that we havnt made any attempt to claim the interim maintenance and her daughters....
First of all, Shall we claim the last 4 years Interim maintenance from 2010 onwards ?
Asked 3 years ago
The wife can claim interim maintenance till the case is pending in court, ensuring maintenance to unabled wife to maintain herself during the pendency of proceedings. It is the right which accrues to a wife against her husband the minute she marries him and is not only a moral obligation but is also a legal duty cast upon the husband and claim maintenance.
It is possible to.claim interim maintenance from the last 4 years. U/s. 125 of the code It is the discretion conferred on the court to award maintenance either from the date of the order or from the date of the petition, which depends as per circumstances of the case.,
1) you should have immediateldy filed application for maintenance if husband had filed false case of adultery .
2) it is father father responsibility to maintain his wife and minor children
3) file application under section 125 CR Pc . husband would be libale to pay maintenance from date of application
4) wife can in addition file complaint under DV act and seek right to stay in matrimonial home or alternative accommodation , maintenance etc
5) in addition she can seek compensation for mental torture she has undergone
Thanks Shashidar.. yes you are right Mr.Ajay Sethi. We should have filed for maintenance immediately after he went for divorce on adultery basis.But few common people from my brother-in-law side spoke to my father not to file any case against him .. we are trying to compromise him to withdraw the case... So We didn't want to file a Case.But he took it as advantage....
People say that interim maintenance would be around 6k to 8k... But we approximately calculated my sister and her daugters expenses including their daily needs/ school fees... and so on.. It comes around 20K per month..
Is it possible to claim that amount based on needs.
Staying in matrimonial home is life threatening move... We went for mutual panchayat there at the beginning.They behaved so violently....Can we seek alternate accomodation ?
Asked 3 years ago
1. Your sister should file a claim for maintenance against her husband to claim maintenance for herself and her child. It is the inescapable obligation of husband to provide financial support to his wife and children.
2. The right of your sister to pursue her legal remedies is not emasculated by virtue of an adultery case filed against her by her husband.
3. Do not rely on hearsay. The amount of maintenance to be awarded has to be realistic in as much as it should encompass an amount which would secure to the beneficiary the basis amenities of life such as health, education and also expenses to be incurred for daily needs. So the amount of 20,000 may be given.
Thank you all for your valuable guidance.......
Asked 3 years ago
Thank you for appreciation.
1) you are entitled to seek alternative accommodation .
2) claim Rs 25,000 as interim maintenance . enclose necessary documentary evidence as regarding children school fees , tution fees etc in support of your case .
3) thanks for appreciation