Section 125 of the code of criminal procedure is social legislation. The Supreme Court has broadened the scope of section 125 crpc and entitled the childless stepmother to claim maintenance from her stepson. if the stepson has sufficient means to maintain his stepmother thereupon he is responsible to pay maintenance.
Family Law Advice
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Enhancement of maintenance already fixed by the court
Whether the enhancement of alimony is possible? I married in the year 2003. My husband was rude and careless towards me. Therefore, I finally decided to leave the matrimonial home. Now, I have been residing with my parents. I started working as a school teacher. Unfortunately, my salary is not...
Paternity of child can be decided by DNA test
Can DNA testing decide paternity of a child? I want to get paternity check of my child through the court because I think that my wife had a sexual relationship with a man before the marriage. Her paramour is also working in Bangalore, and he used to contact her via email, chat and WhatsApp. I have...
Compromise in matrimonial dispute
My wife has filed three cases against me and my family members in different sections of IPC as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer so as to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal...
Adoption is invalid if child actually not given and taken in adoption
The child has given in adoption as per astrological advice so as to save his life. A widow of a lower caste community adopted the child for the purpose of superstition that child will live long. Of course, the child actually is given and taken with an ulterior motive. Thereafter the child lives...
Convert divorce case in to mutual consent divorce
Can court convert the divorce case filed under section 13 of the Hindu Marriage Act into the Divorce of Mutual Consent under section 13B of the same Act? Section 13 of the Hindu Marriage Act 1955, provides grounds for divorce. All the grounds mentioned in this section are based upon guilt theory....
Husband is liable to maintain his wife
My husband refused to maintain and used to say that your rich parents are capable to maintain you. After the marriage, I cannot demand from my parents to maintain me. What is the responsibility of the husband in respect of maintenance of wife and whether he can refuse to maintain? Question from:...
Suit for declaration of a matrimonial status before the family court
What is the jurisdiction of family court and can I file suit for declaration of matrimonial status? Suit for declaration of marital status can be filed before the family court. The Family Courts Act 1984 empowers the family court, constituted under this act, to decide and declare about the...
Alimony of minor child
I am 34 years old divorced Gujarati woman with 9 yrs old son. And unemployed. I am living with my parents. I got less alimony don’t have money to raise my child searching for a job right now. I can’t study further due to the age limit. My question is can my son get a share of my ex-husband’s...
Adoption of a child
A Hindu widow is having a daughter aged 15. She remarries. Whether she can give in the adoption of her above-said daughter born through her first husband to his second husband. What are all the conditions? Please say the relevant provisions, authorities. (The parties are Hindus, in-country...