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can daughterinlaw file property and maintenance against fatherinlaw


03-Jul-2023 (In Civil Law)
Hi can a daughter in law suit for property and maintenance against father in law... when her husband is alive. Though husband and wife are not living together due to abusive n harassment from wife to her husband and has filed dowry case against her husband. .. wherein husband has not taken even single penny from girl family .. can she get stay from court on father in law property wherein it was given to them to stay.. although it s not ancestors property. how can she be given temporary stay from court on that poperty... and claim maintenance charge from father in law... however father had got right from court to evict his son from his property ... and still she remains n same property stating she has right over the property.... how can she be treated in this situation
Answers (3)

Answer #1
938 votes
Kindly refer to Judgement- variender Kaur v/s Jitender Kumar and another ,the Punjab and Haryana High Court 2016 has held that a woman cannot claim as a matter of right to occupy any part of a self-acquired property of her husband’s parents against their wishes. The court relied on a number of judgments and dismissed an appeal...


Even The Supreme Court has come to the rescue of a senior citizen by evicting the estranged daughter-in-law from his Yamuna Vihar property.
The apex court, in the process, upheld the verdict of the Delhi high court that a daughter in law has no special right over a self acquired property of the in-laws, against the latter's consent.
In a recent order, a bench of Justices Madan B Lokur and Uday Umesh Lalit also put an end to years of fighting between the woman, her in-laws and her husband by granting the couple divorce. To safeguard the rights of the single mother and her two children, SC ordered the husband to provide alternate accommodation/property in her name and pay monthly maintenance.
However the judges made it clear, she will get possession of the flat only on vacating the father-in-law's propert

Answer #2
715 votes
Daughter in law is not entitled to get any maintenance or property from her father in law. If daughter in law wants to claim any maintenance it can be done only by claiming it on her husband....
Answer #3
651 votes
daughter-in-law has filed an application under section 19 of P.W.D.V ACT 2005 for shared household she can definitely be stay there as per the provisions of the special statute. you need to discuss more relating to the court's order.

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