Widow cannot get maintenance from brother-in-law: Court
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Last Updated: Monday, February 01, 2010, 21:35
  
New Delhi: A widow cannot seek maintenance from her brother-in-law under the Domestic Violence Act as he is not under any obligation to maintain her, a Delhi court has said.

"The complaint has been filed by the woman (widow) against her three brothers-in-law. They are not under legal or moral obligation to maintain the complainant who is the wife of their brother," Metropolitan Magistrate Twinkle Wadhwa said.

The woman, whose husband had died on January five, 2005, about six years after their marriage, had filed a petition under the Protection of Women from Domestic Violence Act, seeking an order to her brothers-in-law to pay her Rs 20,000 per month as maintenance of her as well as her two children.

She alleged her brothers-in-law had caused harassment to her by stopping the payment of the rent earned from the matrimonial house at Anand Parbat here.

She alleged her brothers-in-law had caused harassment to her by stopping the payment of the rent earned from the matrimonial house at Anand Parbat here. The brothers-in-law, on the other hand, submitted they were paying her the rent as per her share. They also said the woman was the second wife of their brother and his first wife has also to be taken care of as she had also filed a case of maintenance against them.

Taking the submissions of the brothers-in-law into account, the court said the payment being made to the woman was justified in view of their legal position.

PTI


First Published: Monday, February 01, 2010, 21:35


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