Legal Question in Family Law in India

I am looking for separation without divorce and ask for maintenance from my husband. My earning: approx. 13k average per month on average (freelancer), husband (over a lakh per month in hand on job), staying together for now (rent: 22k per month +1lakh deposit), husband has no property but a car (cost 12lakh). We have 2.5 year old son who needs to get admission in nursery this year (cost 66k for an year). reason for separation: torture (8 NC complaints with police) What maintenance amount can I ask? How long will it take to get? What proofs would be needed? I need a practical amount that I know, I will get after whatever time so that I know the gap and plan to earn that much in whatever ways I can. If my husband won't pay me money for years because of cases postponing, I cannot compromise needs of my child but with small child, it is really difficult to take up a job so please tell me the practice and sure shot amount I can get so that I can plan for future. I have form 16 and tax filing papers as his income proofs. He lives a very good lifestyle with dozens of shoes, costly watches and shopping for branded clothes every month while I manage with 1-2 clothes in 2-3 months and my major expenses are on child (toys, school, medical, travel, play). He also has an affair and I have his whatsapp chats as proof but it only shows that my husband has shown interest by proposing the girl, I have photographs or proofs of intimacy (this information is registered in NC police complaint). I am BE and MBA same as my husband so can earn through job but not until my child is a little older. Also, please help me understand if I can face problems taking custody of my child because my husband threatens to take him away from me because I am incapable and bad mother. In truth, he doesn't care for child and when the child cries at night, he closes his door ignoring, he even refuses too take baby to doctor at times but he hates me and wants to make me suffer which is why he is attacking my weakness that is my child. I am asking for money only because I cannot sustain my child expenses without help. I am less of a spending person and only expenses I incur for self include books, travel (business), food and a bit of clothing. It is already a mental torture that I am going through and have suffered Thyroid and arthritis because of that and I cant sustain insults and buses anymore which is why I have decided to stay away. Right now , his parents also stay with us and keep torturing me. My mother also stays here for my support and as he claims that he has no obligation to keep my mom, i am looking to shift her to another rented apartment where I will also shift later. My husband is not even willing to tell me where he would be shifting after leaving the current rented house (owner told us to vacate by 20th of this month) so i have to go with him to find out where he is heading. I dont have money and borrowing from family and friends from past few months and I need to return this money as well. So, it will be a real big challenge for me to sustain in city like Mumbai. Lot many people suggest me to go to nagpur with my mom but that will completely ruin my earning potential and my career and it will be bad even for future. I have business here, fluctuating but sustainable so in future, I believe I can earn good. Till now I could not expand on it because of tensions at home and limitations posed by my husband who refused to support me in any case including monetary. We have no relation since the child was born and we do not even talk. He says I am boring. Pls help


Asked on 9/10/15, 12:10 am

3 Answers from Attorneys

dear client u can ask child maintenance by filling case under sec 125 of criminal procedure code and will get 25 % of monthly income of husband. for any legal help call me

Adv prasad patil

9604349028

84462478087

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Answered on 9/10/15, 3:27 am

file case of maintenance

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Answered on 9/12/15, 5:44 am

you can seek maintenance without filing a petition for divorce. you can file a complaint u/s 125 for seeking maintenance and/or sec,. 18 if HMA

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Answered on 9/14/15, 1:12 am


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