Share of a daughter in parental property
01-Sep-2023 (In Property Law)
My well known lady 42 yr old, is jammu born.She was married to somene from Amritsar at the age of 18, by the choice of her parents. Due to problems from her husband side she was left with no other option but to leave husband house & obtain divorce that too without alimony. From the last one year she is living like orphans & is being denied any legal right from her well to do jammu based parents side. Plesse guide in this matter so thst lady may fight for justice.
The provision empowers a judicial magistrate to direct an individual to pay monthly allowance for the maintenance of his wife, children (both legitimate and illegitimate) and parents if there is sufficient evidence to prove that he had either neglected or refused to maintain them. An explanation appended to the provision defines the term ‘wife’ to include even a woman who had been divorced by or had obtained divorce from her husband and had not remarried. Further, Section 127 of the Code of Criminal Procedure, 1973 states that a maintenance order could not be altered unless the woman had remarried or given up her claim voluntarily or agreed for receiving a lump sum amount as per personal or customary law.
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