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Wednesday, December 10, 2008

Maintenance for widow daughter-in-law

After the death of husband, the widow dauther-in-law is entitled for maintenance from her in- laws and brother of the widow's husband as per hindu law. It is obligation on the part of the family (blood relation from husband ) and further she is entitled her share in the propeprty of the husband u/s 19 of Hindu Adoption and maintenance Act provided
1. if she is not re-married
2. if husband's property is not divisioned.
3. if the parents of the widow dauther (father and mother) is unable to maintain their widow daughter.
4. if husband's property is not given to him during his life time

Thursday, July 17, 2008

Maintenace for wife or divorce wife and children

Order for maintenace of wives, children and parents



125. of Cr.P.C. Order for maintenance of wives, children and parents :-

if any person have sufficent means neglects or refuses to maintain



(a) his wife, unable to maintain herself or refuses; or

(b) his legimate or illlgitimate minor child. wheter married or not unable to maintain itself, or

(c) his legitimate or illegitimate child ( not being a married daughter who has attained mahority, where such child is, by reasons of any physical or mental abnormality or injury unabble to maintain itiself or

(d) his father or mother, unable to maintian himself or herself

a magistrate of the first class may ,upon proof of such neglect or refusal order such other person to make a monthly allowance for the maitenance of his wife or such child, fatheror mother at such montly rate not exceeding one Fourth (per new act) in the whole, as such Magistrate thinks fit and tp pay the same to such person as the Magistrate may from time to time direct:

provided that the Magistrate may order the father of a minor female child referred to in Cl. (b) to make such allowanc, until she attains her majhority if the magistrate is satisfied that the the husband of such minor female child, if married, is not possessed of sufficient means,

explanation: for the purposes of this chapter

(a) "Minor" means a person who under the provisions of the Indiam mahority Act 1875 is deemed not to have attained his majority

(b) "wife" includes a woman who has been divorced by or has obtained a divoced fromm her husand and has not remarried.



(2) such allowance shall be payable from the order or if so ordered from the date of the application for maintenance.

(3) if any person so ordered fails without sufficient cause to complay with the order any such Magistrate may for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance remaining unpaid fater the execution of the warrant, to improsionment for a term which may extend to one month or until payment if sooner made:

provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due:

Provided further that, if such person offers to maintian his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of regfusal stated by her and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explantaion: if husband has contracted mariage with another woman or keeps a mistress, it shall be considered to be just ground for his wif's refual to live with him.

(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if without any sufficient reason she refuses to livie with her husband, or if they are living separately by mutual consent.

( 5 ) on proof that any wife, in whose favour an order has been made under this section is living in adultery or that without sufficient reasons she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancle the oroder.