Legal Question in Family Law in India
how to include father-in-law as second respondent/party
I have filed a maintainance petition in indian court , respondent as my husband. my husband is a NRI ,lives in US(indian citizen ,having h1B visa). he is not accepting summons from indian court. he does not like to send maintainace to me.but he sends money to his father indian bank account i.e, more than one lakh per month. I would like to include my father-in-law as the second respondent in my existing maintainance petition. is it possible to include him in the exsiting petition? in the present petition I just mentioned my husband name as the only respondent.or do i need to file separate petition? what is the procedure to include my father-in-law as second respondent?pls help me
3 Answers from Attorneys
Re: how to include father-in-law as second respondent/party
Yes, you may implead him as a defendant/respondent in your maintenance petition;
Your Advocate may file an application under Order 1 Rule 10 of CPC.
Re: how to include father-in-law as second respondent/party
as you are claiming maintenance from your husband, you cannot include your father in law as respondent. in case you can prove that he is sending Rs. 1 Lac as maintenance to his father, you may base your claim of maintenance on the basis of that amount. you cannot claim maintenance from father in law so no point impleading him a respondent.
Re: how to include father-in-law as second respondent/party
Inclusion of you FIL is not a big deal but practically thinking it is not lawful to seek maintenance from your FIL.If you get any evidence about sending money from US to your FIL's account you may claim maintenance.You may file a petition under Domestic Violence Act in the court to direct the police for apprehending your husband for not accepting the summons.
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