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Can i ask for maintenance from husband if i am working


12-Oct-2023 (In Divorce Law)
I am an MCA pass out married to a man who is working in an MNC earning handsome salary. I was married 12 years back and now have two sons 7 yrs and 3 yrs of age. I have seen worst in my marriage tenure and now wants to get separated as i dont wont my children to see the fights which me and my husband have on very regular basis. I am working on contract basis with some school. Please advice if i get separated can i ask for the maintenance of my children from him and for my self also. If yes up to what extent and can i also ask for my share in the house in which we are residing. That house is in my husband name and was made after my marriage. I have also supported my husband financially for making this house. I was working in a bank but had to leave the job for up bringing of my kids as working hours were very stretched. Pls advise me what should i do as now as i don t want to stay with him. His parents are also staying with us and his mother is also one of the major reason.
Answers (4)

Answer #1
512 votes
You Can seek maintenace for children Who must been studying. You ll get their fee and also your share in Property. But for this You ll been required to keep morale high for atleast 3 years to proceed with litigation. Maintenance You ll get within two to three months from date of Filing your application.
Answer #2
864 votes
Yes you are very much entitled to the benefits you are seeking as a matter of right. You can pursue the case in that manner. You are entitled to maintainace and also some part of the property of your husband.
Answer #3
945 votes
Yes you can always claim maintenance for yourself and children while be in marriage and also after being seperated. You can not ask for share as such till the time you have evidence that you paid too for purchasing the house. You need to have proof of your husband's salary in hand e.g. his tax returns or something like that. Rest call and take advice accordingly.
Answer #4
505 votes
If you want separation alongwith your children from your husband, certainly you can claim maintenance as well as share in the house. As far as extent of maintenance is concerned, it depends upon the salary of your husband and extent of your earning also as well as study and other expenses of children and other peculiar facts and circumstances pertaining to your case. Be sure that your husband may not transfer his named house to somebody else, therefore, you need to take steps quickly and require to get stay against the alienation of house first.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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