What can a woman claim from her father-in-law in a divorce case if her NRI husband has abandoned her?

If your NRI husband has abandoned you and you're considering claims against your father-in-law during a divorce, here are your options:

1. Claim Maintenance: Under the Hindu Marriage Act, 1955, you can seek maintenance from your husband. If he is unable or unwilling to provide support, you may have grounds to claim maintenance from your father-in-law, particularly if you can prove that he has been financially supporting your husband.

2. Claim Damages: You can file for damages for emotional distress and financial loss caused by your husband's abandonment. This may also extend to your father-in-law if he was involved or complicit in the abandonment.

3. Dowry Harassment: If your father-in-law was involved in dowry harassment or related offenses, you can file a complaint under the Dowry Prohibition Act. Legal action could lead to compensation or recovery of dowry items.

4. Seek Legal Advice: Consult a lawyer specializing in NRI marriages to understand your rights and get guidance on the best legal actions to take.

Example: In the landmark case of Neerja Saraph vs Jayant V. Saraph, the Supreme Court of India awarded Rs 22 lakhs in damages to the wife for emotional distress and financial loss caused by her husband’s abandonment. This case underscores that abandonment can lead to significant legal consequences.

While directly claiming from your father-in-law in a divorce is uncommon, you can explore legal avenues such as maintenance, damages, and dowry harassment claims to seek justice and financial support.

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