Legal Question in Family Law in India

My wife has filed the restitution of conjual rigts in 2009 after she left the house.I agreed for the restitution of conjual rights in first hearing.But she did not return back and She dragged the case for two years and now she withdrew her petition.
simultaneously she has filed the domestic violence case in 2010 against me and my family members saying lot of false allegations. Now she filed the application for interim maintenance and her affidavit with main complaint of Domestic Violence.We filed the reply.But till now she did not file any evidence and dragging the case for two years.
Last month she has filed another one separate maintance case under section of 125 crpc and asking huge monthly maintacne in 2011.
Currently i am unemployed and i do not have any properties.
my question is
1,Whtether she have the right to claim my fathters own properties in these cases?I am the only son.(No brothers and sisters) and i do not have any properties.

Asked on 11/19/11, 2:55 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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If you have no share in the property held by your father, she may not get any share; However, if the property is ancestral and you have a share, she may be entitled to a charge against that property to recover maintenance.

There is a latest supreme court judgement in your favour holding that a married women is entitled to maintenance only from her husband and not from in-laws.

Answered on 11/19/11, 4:52 pm

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