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Sorry, My Mother Has All Our Money!
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Does a married woman have any right to her mother-in-law's property? In case of a divorce, can a woman ask for alimony from her in-laws?
In the normal circumstances the answer is 'No' to both the questions above if the husband is alive. After all it is the husband's duty to take care of his wife. Even if he divorces her, he is legally bound to pay her alimony and / or maintenance. Sometimes in the absence of the husband a woman can ask for a share from the father-in-law's property. But can she make such demand from her mother-in-law?
Recently the supreme court of India, in a landmark judgement said that a woman has absolutely no right over any part of her mother-in-law's property.
Legally speaking the judgement was faultless. But after reading the whole case, one wonders whether the justice was served in this case.
Let me give short summary of the case.
A few years back Sonal, a woman staying at Gujarat filed some criminal complaints against her husband Jitendra and her in-laws accusing them of harassment. Police arrested the concerned people and then released them on bail. As per rule the court asked the accused not to leave the country while the case was underway.
In spite of the order, Jitendra left India under the pretext of getting medical treatment for his father in USA. Both his parents accompanied him. Sonal was left high and dry without any means to support her. She moved the court and the judge on hearing her plea, declared those three as absconders and said that their property in Gujarat should be auctioned and Part of the proceeds should be paid to Sonal as maintenance.
Jitendra and his parents went to high court against the judgement saying that all the property they had left behind in Gujarat belonged to Vimala Patel, Jitendra's mother and she was not bound to give any money to the daughter-in-law.
High court heard the case but decided in Sonal's favour. Patels were not ready to give up.
They went to the supreme court and after a lengthy legal battle, the highest court of the land declared that Sonal can't ask for a share from the property that was in her mother-in-law's name. She was free to make demands from the husband who incidentally is sitting in America and claiming that all the family money and property belongs to his mother.
With the help of the law, the man escaped from his responsibilities.
But now, just for a moment give a thought to the arguments put forward by them. And see if you can believe it.
Have you ever heard of a Indian Hindu joint family where all the land and properties are legally owned by just one middle aged woman?
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