Legal Question in Family Law in India

Hi. i'm married for 4 yrs now and i hve a almost 2 yr old son.From past two years i'm staying with my parents due to differences between me and my husband. i'm working with my salary about half of my husband.Am i eligible to get maintenance from him? can i ask for maintenance for past 2 years as well? in case if i get divorce will i get any compensation as i do not want to depend on my parents and my salary is not sufficient.


Asked on 12/16/13, 8:11 pm

3 Answers from Attorneys

yes you are entitled for maintainance for yourself as well as your son. The maintainance will be granted from the date of filing the application and not seperation. You can claim alimony in the divorce proceedings. for further queries contact 9312411481.

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Answered on 12/16/13, 10:40 pm

dear client u can ask maitenance for yr child as well as for u uner sec 125 of criminal procedure code. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 12/17/13, 11:09 am

Hello.

For you to be entitled to maintenance, you would have to prove in Court that you have deserted your husband due to his fault. Various Courts have held that that when a woman voluntarily leaves the company of her husband, without any sufficient reason, she is not entitled to maintenance.

The Supreme Court had ruled that a woman who has been deserted or divorced can claim maintenance from her husband in spite of her efforts to earn a monthly income, if the money is not enough to provide for the lifestyle she enjoyed before their separation.

However, if the working woman is able to enjoy the same position as she had while she was with her husband; she is not entitled to maintenance from the husband. With regards to the maintenance for the child, the husband has to pay for it. The maintenance for the child would be as much as is sufficient for the well-being of the child- the schooling, clothing- the well-being and best interests of the child. The amount therefore would vary and depends on the Court to decide based on the income of you and your wife.

Get an expert to further help you with the case. You can call me at 09555 507 507 or send me a mail at [email protected] to discuss this matter.

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/23/13, 1:46 am


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