Legal Question in Family Law in India

I am staying away from my husband since last 2 years 6 months (baby born). He is not at all interested (hates) at me or our baby. He is not paying for our maintenance. Moreover he is not ready to give divorce as he has to pay some amount to us as maintenance. (Presently he left his job also).

What is the way for getting maintenance from his every month?

If I file divorce, what are the consequences should I face? (I am not financially strong)

Your valuable suggestions may show a better way to me.

Asked on 10/25/13, 12:15 pm

4 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

You need to file a divorce petition on the ground of desertion and cruelty and in the same you can attach an application for interim maintenance. Law says that husband has to maintain his wife by any means. Since the fact is that he was earlier earning, his defense that he is presently unemployed can;t save him. For detail u may contact me.


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Answered on 10/25/13, 8:47 pm

Rajiv Gupta +91 9811284735 KarVai Legal Solutions(

You may contact legal service authority which is situated in every district court and they will provide u legal assistance free of charge. The Legal Service Authority lawyer can file cases under domestic violence act,petition for maintenance and even petition for divorce on your behalf.

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Answered on 10/25/13, 11:32 pm

dear client u can ask maintenance for u and yr child by filling case under sec 125 of criminal procedure code. u can also ask good amount as alimony with divorce. if yr husband has any ancestral property then u can ask share in the name of child. for any legal help call me on 9422611385


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Answered on 10/26/13, 1:39 am
Rajiv Chandhok Ph: +919810050896

File 125 CrPC proceedings against him and if you have been subjected to cruelty then file a complaint in the CAW cell u/s 498A IPC and to the Area Magistrate under the Dv Act. You may drop in a detailed query at [email protected]

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Answered on 10/26/13, 6:21 am

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