Apni Law Staff asked 7 months ago
I’m a 32-year-old widow living in Mumbai with my 9-year-old daughter. My husband passed away in 2013 due to liver damage caused by excessive alcohol consumption. We were married in 2004. In 2011, I filed a domestic violence case against my husband and father-in-law.
My husband’s family owns a hotel business in our native town and a large bungalow. They also have a flat in Mumbai. We were running a small business in a rented commercial space owned by my husband’s father. Sadly, during the domestic violence case, my husband’s shares in the family hotel were transferred to my brother-in-law.
Now, I am struggling to provide for my daughter. The courts haven’t granted me maintenance as they considered my husband to be financially dependent on his family.
Best Answer
Apni Law Staff answered 7 months ago
Under Indian law, you can file a claim for maintenance from your husband’s family, as his excessive alcohol consumption led to his death. You are entitled to maintenance for yourself and your daughter. You can also challenge the transfer of your husband’s shares in the family business as it may be considered a fraudulent transfer to avoid your claim.
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