Legal Question in Family Law in India

Thank you for answer me,

I have another question that is after my past question and answer.

past question and answer

My brother have 2 kids both are living with us and sister in law (bhabhi) left us before 3 yrs, she is post graduate & working women. we tried to back her home by legally but now she want divorce and her lawyer call to meet for money settlement. her salary is same or higher than my brother. (my question) can she demand maintenance? we can not afford it, my father is retired teacher and my brother is only son.

ANS

since she is working, since both the children are with your brother and in addition if you could show that she left the house without any rhyme and reason and in spite of repeated efforts she did not come, you will have a fit case of no maintenance to her. However your brother may also claim that father is dependant on your brother.

By the way - if your brother is only son of his father, are you his sister?.

next question

yes, i am the only sister of my brother and i am single (age 29). Again thank you for respond my question. one thing is she taken away her all thing (like cloths, ornaments, utensils etc) through court before one year form now. And she don't want to keep children with her. we are ready to keep children with us. my niece age is 11 year and nephew's age is 7 year. can you please reply me your judgement comes under which section and sub-section? Thank you.


Asked on 3/26/11, 9:59 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

It would depend upon the claim of maintenance by brother's wife whether it is under section 24 Hindu Marriage Act or Section 125 Cr PC or under section 12 Domestic Violence Act. Be as that it may, since she is working and earning either same or more than your brother - which your brother will prove and further both children are with your brother it is obvious on plain reading of the sections that she will not be entitled to any maintenance.

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Answered on 3/27/11, 1:33 am


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