• Alimony

My sister is a housewife and a pensioner being a retired municipal school principal. Same is the case with my brother in law, who was an employee of municipal corporation. 
His son is married and has a daughter of 5.5 years and has no income.

The daughter in law is very militant and non cooperative. The son stays with parents and daughter in law is staying at her mother's room. My sister's husband is recently identified with intestine, lung and lever cancer in 3rd stage. 

The family is well to do with good pension amount coming on monthly basis. My question is as follows:

1. If we go for divorce of her son with daughter in law. Can she demand alimony from my sister and her husband saying my husband is not earning anything.
2. Can she say alimony is for 5.5 year daughter to bring up her?
3. Her daughter in law is Dy. Manager in Kotak Mahindra Bank.

Kindly let us know.
Asked 11 months ago in Family Law
Religion: Hindu

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9 Answers

1. Yes. If daughter in law does not have sufficient source of income, then can demand alimony, monthly maintenance for herself and daughter. As per law her husband has to provide her maintenance by beg, borrow or steal. If few precautionary steps are taken then daughter in law cannot demand maintenance from Father in law. Since husband is there, hence, father in law cannot be held responsible. 

2. No. Daughter in law cannot claim for 5.5 years. 

3. Since daughter in law is gainfully employed hence she cannot claim maintenance for herself but she claim maintenance etc for daughter who is the joint liability of both husbsnd and wife. 

 

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard.

In case of Rajnesh v. Neha & Anr, Hon'ble Supreme Court stated that there can be no straitjacket formula for fixing such a quantum. Stressing upon the importance of maintaining a careful and just balance between all relevant factors, the Court held that the maintenance amount awarded must be reasonable and realistic. It directed the Courts to take cognizance of the fact that maintenance awarded to the applicant should neither be so extravagant that it becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the applicant to penury.

In addition to the statutory guidance, the Court laid down the following indicative factors to be considered before determining the quantum of maintenance (a) the status of the parties; (b) reasonable needs of the wife and dependent children; (c) whether the applicant is educated and professionally qualified; (d) whether the applicant has any independent source of income; (e) whether the income is sufficient to enable the applicant to maintain the same standard of living as she was accustomed to in her matrimonial home; (f) whether the applicant was employed prior to her marriage; (g) whether she was working during the subsistence of the marriage; (h) whether the wife was required to sacrifice her employment opportunities for nurturing the family, child rearing, and looking after adult members of the family; (i) reasonable costs of litigation for a non-working wife.

Apart from the aforesaid factors set out hereinabove, the Court laid down certain additional factors for determining the quantum of maintenance payable. These are inter alia as follows:

Age and employment of parties;
Duration of marriage;

Maintenance of minor children; and
Serious disability or ill health of a spouse, child /children from the marriage or dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration while quantifying maintenance.

The aforesaid factors are not exhaustive, and the concerned Court can exercise its discretion to consider any other factor/s, which may be necessary or relevant in the facts and circumstances of a particular case.

Further, in case of Manokaran vs. M.Devaki where it was held that Grant of maintenance to the wife working and earning more that her husband is improper and the same cannot be said that the wife was not having sufficient independent income.

She can demand alimony, however, depending on the facts and circumstances you mentioned it can be denied if defended properly. It can be claimed for child as well. Maintenance amount can be reduced if passed against him in appellate Courts since she is presently working and she will have to submit an affidavit in Court about her present financial status.
Detailed discussion is required in such cases with complete facts.

 

You may contact my secretary to connect with me for clarification.

 

Gopal Verma
Advocate on Record
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

In laws are not liable for payment of alimony 

 

2) husband is liable to maintain wife and child 

 

3) if daughter in law is working she won’t get any maintenance 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

She can only demand if her husband has a share in common family biusiness otherwise not

Child support is the liability of both mother and father. The court will decide the same

you can bring her financial status before court before deciding the matter

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Ideally you should give a try with customary form of divorce on mutually agreeable terms and subsequently obtain mutual consent divorce decree placing application under Sec. 13-b of the Hindu Marriage Act

if the above proposition doesn't work then as per the judgment of Hon'ble Apex Court in case of  Rajneesh Vs. Neha, the assets and liabilities affidavit is required to be attached in maintenance application by both the parties, however it is not mandatory in the divorce petition to be attached. 

Once you place divorce petition, and they come up with proposal to settle with permanent alimony then the things can be resolved by placing application for mediation. 

She is  legally entitled to have 1/3rd share for her child out of the assets and possessions of her husband which includes proportionate claim from his successory rights in the property for her daughter. 

Since she is herself employed and has voluntarily left matrimonial home, she cannot claim for her maintenance. She is understood to be self sufficient to maintain herself.  

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

1. Your sister's daughter in law can claim monthly maintenance or alimony only from her husband and not from her parents in law.

2. The maintenance amount for her child also can be sought from her husband alone.

3. In that case she cannot claim maintenance for her since she is earning an income out of her employment and can sustain her expenses, especially if her husband is not employed and not having any income to meet his own expenses too.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. As per law, she has her right to claim maintenance /alimony and also residential right from her husband , even he is working or not 

- Hence, she cannot claim the alimony from her in-laws during the life time of her husband , and specially when they are a retired persons.

2. No, Husband is only under obligation to pay the maintenance & education expenses to the daughter. 

3. Since, she is on a higher position in the bank , then she cannot claim alimony from her in-laws or husband , and even she is also entitled to maintain the daughter  

 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear client,  

In general, alimony (also known as spousal support or maintenance) is typically determined based on various factors, including the income and financial resources of both parties, the length of the marriage, the standard of living during the marriage, and the needs of each spouse. Whether alimony would be awarded and the specific amount would depend on the specific laws and regulations of your jurisdiction, as well as the unique circumstances of the case.

When it comes to child support, the primary concern is the best interests of the child. The financial resources and ability of both parents to contribute to the child's upbringing are taken into consideration. It's possible that the daughter-in-law could seek child support from your sister's son for the care and upbringing of their child.

Given the complexity of your situation and the potential legal implications, it's highly recommended to seek professional legal advice. A family law attorney can help you understand your rights and options and guide you through the divorce process while considering the specific laws and regulations applicable to your jurisdiction.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

The wife can claim maintenance only from her husband. If the husband proves that he has no income and on the other hand his wife is earning well then Court will understand the situation. Any which ways the wife cannot claim maintenance as she is working. 

The wife can demand maintenance for her daughter so the husband has to prove that he has no income to support the daughter as well. 

 

Kind Regards, 

Adv. Payal Goyle 

Payal Arora
Advocate, Pune
379 Answers
18 Consultations

4.5 on 5.0

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