In-Laws' Maintenance Liability: Where to Draw the Line
family clat_pg advanced pyq_discussionIn CLAT PG 2019, question 21 asked whether the wife could claim maintenance from her in-laws under Section 125 of the Code of Criminal Procedure, 1973, despite the husband's divorce from her being under process. This one really got my blood boiling because of its sheer complexity and the ambiguity of the SC judgment in Mohd. Ahmed Khan v. Shah Bano Begum (1985). The correct approach lies in carefully reading the SC's observation that the in-laws' liability would arise only if they were legally competent to arrange for the wife's maintenance. This brings us to the question of who qualifies as 'family' under the law, and more importantly, when are the in-laws liable to support their daughter-in-law?
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"Sir/ Ma'am, article ka topic bahut interesting hai. Lekin, main sochta hoon ki Maintenance Liability ki definition aisi hi nahi hai. Article mein lagta hai ki in-laws ko apne beta/beti ke parivaar ke saath maintenance ka bharosa hota hai. Par, main sochta hoon ki issey koi bhi in-laws ko apne bache ke saath rahne ka haq nahi dilaya ja sakta.