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Husband abandoned wife in the midst of maintenance case, what happens


07-Jun-2024 (In Divorce Law)
My Sister in law filed a maintenance case on my elder brother, but he left the home and abandoned us all with a suicide note, there's no news of him, what will happen to the maintenance case, who will pay if the case goes on , my parents? Can she claim our property? What if he never returns?
Answers (2)

Answer #1
828 votes
If your brother is missing and a maintenance case is ongoing, your parents are not legally responsible for paying the maintenance. Your sister-in-law can only claim your brother's property, not the entire family's property. If your brother remains missing for seven years, he can be legally presumed dead, and your sister-in-law may claim his share of the property. Consulting a lawyer for personalized advice is essential.
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Advocate Kabita Bara

Adv. Kabita Bara

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Answer #2
808 votes
In case your brother is no longer alive his wife is your sister in law is entitled to a share in ancestral property but it will not be possible to declare him dead if his dead body is not recovered. Your sis in law can not claim maintenance from your papa.
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Advocate GK Gupta

Adv. GK Gupta

LawRatoGuwahati | 50+ Answers
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