Wednesday, January 27, 2016

No maintenance liability on Mother-in-law, brother-in-law !!.



Gujarat HC Hon. Pardiwala(J) saves MIL, BIL ordered 2 pay Maintenance in a DV case by sessions court.

Quashes maintenance order and clarifies that husband alone is liable to pay maintenance during his lifetime !

In this case a Sessions court orders Rs 9000 maintenance to a wife and says the husband, brother in law and mother in law are to pay the same!! (…allowed the appeal and directed the applicants and the husband to pay Rs.9,000=00 per month towards the maintenance ….).

Case reaches Gujarat HC. Hon Justice Padriwala appreciates the facts and orders "…From the principles enunciated in the above referred decisions, it is apparent that any right which the wife has during the subsistence of her marriage and during the lifetime of her husband is against the husband and she has no right to claim any relief against the father-in-law or sister-in-law or any of the relatives of her husband inasmuch as the obligation to maintain her lies only on her husband. The complaint in question, therefore, appears to have been filed with the malafide intention to wreak vengeance for the purpose of settling personal scores and would fall within the ambit of Illustration (7) of the Illustrations delineated by the Supreme Court in the celebrated case of State of Haryana and others v. Bhajan Lal and others, AIR 1992 SC 604, viz. that the proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge……"

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