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Relief from Maintenance under Domestic Violence Laws


22-Jan-2023 (In Family Law)
I am 68 years aged retired govt. employee. My son committed suicide approx 2 years back. He committed suicide due to her relatives pressure although suicide note only says that "Do not let her stay in this house after me". But some months after this she filed a case of DV against me, my wife and my second son and his wife. The house(Self earned) is on name of my wife.(Aged 65 years). My second son and his wife are living in separate house. My son was paying me rent of 5800 for one room. A Civil court case was filed "To Not to enter forcefully in the house". this case has been closed as per her statement in the verdict "That i will not disturb the peaceful possession of the house. Now she is demanding Maintenance, 10 lack money, 20000 p.m. from me by using false allegations. We do not have anything of her belongings like streedhan etc., but no ways to prove it. The case is 1.5 years old and almost nothing has advanced. So what are the options we have? Do we need to pay her?plz reply.?
Answers (5)

Answer #1
582 votes
Your daughter in law can not claim for maintenance by you. Maintenance is responsiblity of husband only. She can claim for protection and residence on her husband's part of share only. Do not be afraid she can not get much relief under DV act, if you will defend you in better way. For detailed advice contact personally.
Answer #2
911 votes
no the maintenance can only be asked for from a spouse and not otherwise. you shall not be made liable to pay any maintenance whatsoever to your daughter in law and you should contest the matter on its merits.
Answer #3
865 votes
Dear sir,

You have not mentioned relevant facts related to the case filed under section DV act.. Until and unless you will not disclose relevant fact to this forum you may not get relevant answer. So kindly mention all relevant facts as per complaint filed against you.
Answer #4
817 votes
What is the stage of the case? You can plead that she is living peacefully and you don't have means to maintain her. Husband is bound to maintain her wife but if he dies then you are not responsible to pay any maintenance. Revert me. All the best.
Answer #5
699 votes
This is clear case of harrsment and extortion under the grave of false complaint therefore you should not and you are not in anyway liable to pay a single penny to her and it is a well settled law that daughter in law has no rights over the property of father and mother in law and can not ask for maintainence there are numerous judgements on this aspect as well,Therefore you need to contest the proceedings filed by her and apprise the court of the facts the way she harasses you as she in no way is liable to get maintainence from you.Besides this you can also make a police complaint against her behaviour.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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