Legal Question in Family Law in India
pls reply
my sister's husband has taken a home loan & invested his money here &there not to give maintainance to my sister & her daughter.case is pending. he is showing 5000rs left for his expenses after investments &showing his unability to give maintanance nor he is willing to keep my sister with him. he wants a divorce but haven't filled yet.my sister do not want divorce.he is earning 45,000 per month.
does my sister ask for a share or a living right for her &child from the property for which he has taken loan?if he has invested his money my sister&child is not maintainable?this is clear that he has invested his money not to give maintanance.can the court bound him to give maintanance anyway?he never came to the court nor contacting my sister for any settlement.how can we make him stand in front of the court,he has deserted my sister & his child since 2yrs.
3 Answers from Attorneys
Re: pls reply
Yes you can.
Re: pls reply
Yes you can.
Re: pls reply
Your sister is entitled to maintenance for herself and the child on the basis of his gross income and his "standard of living": at the time of separation, irrespective of his "take home" income.
She is also entitled to the right of home for self and the child.
You may consider filing an application under DVA also in the pending case.
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