??DV Act – maintenance by wife can be claimed only agaist husband – and not aginst mother in law or father in law.
In Vimlaben Ajitbhai Patel v. Vatslabeen Ashokbhai Patel and Ors. MANU/SC/7334/2008 : 2008 (4) SCC 649, it was held that when it comes to maintenance of wife under the Domestic Violence Act read with the Hindu Adoptions and Maintenance Act, 1956, it is the personal obligation of the husband to maintain his wife.
Property of mother-in-law can neither be subject matter of attachment nor during life time of husband his personal liability to maintain his wife can be directed to be enforced against such property.
Decree if any must be against her husband or his properties but not of her mother-in-law.
Therefore, property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband.
Referred in para 35 of Bhartiben Bipinbhai Tamboli vs. State of Gujarat and Ors. (08.01.2018 – GUJHC) : MANU/GJ/0025/2018??
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