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Father not paying maintenance to mother how file for divorce?


30-Dec-2023 (In Divorce Law)

Father and mother have quarrels in marriage. Mom and dad are married for 20 years. Now she want to divorce the husband. The most of the property is at the name of the father. Can she claim any share in the property? He is also not paying any maintenance amount. What can she do?

Answers (3)

Answer #1
781 votes
Try to resolve the matter by having peaceful conversation. Keeping in view the time spent in the marital relationship the process of divorce is not advisable, rather she if aggrived she can file a case for maintainance under section-125 Cr.P.C. And/or under the provisions of hindu adoption and maintainance act. If in worst situation she want to break down the marriage she can file section 13 petition under hindu marriage act before before district judge/family court as the case may be.
Answer #2
786 votes
She can file a suit for divorce along with application for interm maintenance u/s 125cr.p.c.
A separate application is also filed for deciding the maintenance/alimony.
In case he doesn't give maintenance on court order he will be liable for contempt proceedings.
Answer #3
654 votes
Hi
If the property of your father is self acquired she can not ask for share.
She could ask for divorce and also apply for grant of maintainence under Hindu marriage act as wel as under section 125 Cr PC

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