Can a wife claim maintenance from her mother in law? As I have information the wife has no right to get maintenance from her mother in law. My wife is threatening my mother that she’ll file a case in section 125 crpc for alimony. Thereafter, my mother is very much afraid about the bearing of financial liability. Can a wife seek maintenance when her husband has ousted her from his ancestral property? The material fact is that the husband does not earn enough to provide maintenance to his wife.
Wife has no right to claim maintenance from her mother in law when her husband is alive. The husband is liable to maintain her wife even though the husband is not working. Husband cannot refuse to extend financial help to his wife because he is unemployed.
It is your responsibility and you cannot absolve yourself. In Captain Ramesh Chander Kaushal vs Veena Kaushal (1978) 4 SCC 70 the Supreme Court has held that it is fundamental and natural duty of the husband to maintain his wife when she is unable to maintain herself.
Maintenance from mother in law
Mother in law is not bound to maintain her daughter in law under Section 125 of the code of criminal procedure (crpc). Wife can invoke Section 125 crpc against her husband.
If your wife files any complaint against her mother in law for the maintenance under Section 125 crpc you should squarely object to it. Such a complaint is not maintainable. The High Court can quash such a proceeding under Section 482 crpc.
Husband does not earn enough
This plea of the husband is not sustainable because an able person is bound to maintain his wife and children. The husband cannot put his wife and children in vagrancy if he can earn.
You said that your earning is not sufficient therefore, cannot maintain your wife. The court will reject this plea because however your earning is low but you have sufficient means to maintain your wife.
Your low earning is a mitigating factor. It will be taken in account by the court for the determination of the amount of monthly maintenance. The court may award monthly alimony in proportion to your net income. But you cannot absolve yourself completely from the responsibility to maintain your wife because you don’t earn enough.
