2 years of marriage, husband in army. How can i file for maintenance?

745 votes

Dear Madam,

You can surely file for maintenance as well as domestic violence. Considering that you have no source of income your case is fit for maintenance.

As far as divorce is concerned you can file for a divorce on basis of cruelty. Once you file all this cases your husband will himself give divorce and then you can get the divorce on your own terms and conditions.

Please feel free to contact for further advice.

LawRato LawRato

856 votes

The first thing you need to do is approach the Crimes Against Women Cell in your area to register a FIR and file for a protection order with the Domestic Violence Court at the same time. The Domestic Violence Court will not only prohibit your husband from interacting with you but will also make your husband pay a rental allowance to you for alternate accommodation.

hereafter, you should file applications for maintenance under Section 125 CrPC claiming maintenance. Only after obtaining the above reliefs should you file for divorce. Also move an application under Section 24 of the Hindu Marriage Act for interim maintenance pending the divorce proceedings.

LawRato LawRato

937 votes

You have a number of options to begin with which will provide you relief in the interim. For example you may file petitions under the Domestic Violence act as well as under section 125 of the Criminal procedure code for monetary support

Advocate Rajat Joseph LawRato