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Can I file for maintenance without filing for divorce


27-Dec-2023 (In Divorce Law)
I dont want divorce but i want to stay seperate so that husband realises our value. I hv son also of 5yrs so i want my husband to pay me maintenance and take care of my son's school and daily expenses also.He need to pay my rent even. how to do it, kindly suggest. He is just giving me bad words and quarrels everyday he drinks and come home late. this happens infront of my son, this will affect my son which i dnt want,without the pinch of monetary loss he will not understand.
Answers (5)

Answer #1
877 votes
Yes, you can file for maintenance without filing divorce case. Every woman having self respect, husband has to mentain. That is also one of the cruelty.
You may have to file maintenance suit, consult for further filing suit and other legal consequences.
Answer #2
601 votes
Yes you are legally entitled to file for maintenance without filing for divorce. If you are having means sufficient to maintain yourself then Court may reject your petition. If you are unemployed you can get maintenance covering all expenses provided you prove your husbands income in court. You also need to prove that it's impossible to live with your husband on account of physical or mental cruelty. No woman can ask for maintenance if she hasn't sufficient ground's to stay away from her husband due to physical or mental cruelty.
Answer #3
909 votes
You can definately stay separate without seeking divorce. However you should justify your action of leaving the matrimonial home. If your husband is not maintaining you you are entitled for maintenance depending on his income and your requirement including that of your child, provided you have no income.. Ill treatment will be good ground to live separately.
Answer #4
717 votes
Your claim of accruing the maintenance up to what magnitude ??? Is your husband is not taking care of you and your son nor the daily expenses then only you got to go for divorce provided your case needs to be studied as only harassment,Domestic violence and related issues .Be more brief in expressing your contentions .....
Answer #5
850 votes
U can file maintenance case without filing divorce. After filing maintenance there is chance of filing counter case by ur husband for restitution of conjugal rights . Pls come with documents to issue notice 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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