How can I claim maintenance from my husband
13-Jul-2023 (In Divorce Law)
hello sir, My religion is hindusism.I and my husband are living separately for more than 3 years.He is doing a business and earn a good amount of money.He only give me very small amount of money and also blackmailed me of not giving me any money. What should i do ?
you can file an application for enhancement of maintenance amount by attaching your husband's income certificate. i think you are getting interim maintenance of Rs. 10000/- and your case is still pending. you have not mentioned in your query whether the previous case was filed by you as petitioner or by you and your children jointly. who are other dependents on your husband such as father, mother etc. please provide complete details, so that a proper advice can be given.
Thanks
Thanks
How do I claim maintenance from my husband?
They can request maintenance by submitting a written application to the Magistrate. The Magistrate will determine the amount of maintenance to be paid each month. You are entitled to maintenance if you are a female and your husband has divorced you or if you have divorced your husband.
Who is eligible for maintenance?
A Magistrate of First Class may order a person who neglects or refuses support his or her father or mother and is unable to do so themselves, to pay a monthly allowance.
How long does it take to get maintenance from husband?
According to the third proviso of Section 125 of the CrPC, it states that the proceeding for interim maintenance must be resolved within 60 days of the service of the notice.
What is the minimum maintenance to the wife?
The Supreme Court of India set a 25% monthly payment for the wife if the maintenance law is paid by the husband.
You can get maintenance only from your husband, not from your in-laws.
Not your husband's lavish lifestyle, but his assets i.e. moveable or immovable property in his name, may be a good evidence of his income.
If you have filed maintenance case under section 125 of CrPC, then in the absence of proper proof of your husband's income, you won't get much as maintenance.
Not your husband's lavish lifestyle, but his assets i.e. moveable or immovable property in his name, may be a good evidence of his income.
If you have filed maintenance case under section 125 of CrPC, then in the absence of proper proof of your husband's income, you won't get much as maintenance.
In general the wife who is employed cannot seek maintenance pendent lite or interim maintenance under section 24 of HMA, 1955 when the divorce case is pending owing to her sustainable income through her employment.
She can seek maintenance for her minor child under section 26 of the same act for his health and educational expenses.
The quantum of maintenance amount depends on how the wife projects the expenses and proves her husband's income before court.
The court will hear both the sides, analyse the facts presented by both sides and decide accordingly.
She can seek maintenance for her minor child under section 26 of the same act for his health and educational expenses.
The quantum of maintenance amount depends on how the wife projects the expenses and proves her husband's income before court.
The court will hear both the sides, analyse the facts presented by both sides and decide accordingly.
Hello,
Wife can seek maintenance from the husband. Sec. 125 Cr.PC. when the Divorce case is pending in the court.
Maintenance case to be filed in the respective Judicial Court.
Thanks
Sivasubramanian B
Advocate
Wife can seek maintenance from the husband. Sec. 125 Cr.PC. when the Divorce case is pending in the court.
Maintenance case to be filed in the respective Judicial Court.
Thanks
Sivasubramanian B
Advocate
You can take picures of the shop of your husband and you can get the documents of his sales tax . If he his not registered with sales tax you can make a complaint to sales tax department and then they will get all the proof you want .
Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Under the Code of Criminal Procedure, 1973 (2 of 1974), right of maintenance extends not only to the wife and dependent children, but also to indigent parents and divorced wives. Claim of the wife, etc., however, depends on the husband having sufficient means. .Inclusion of the right of maintenance under the Code of Criminal Procedure has the great advantage of making the remedy both speedy and cheap.
Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity. Her right to maintenance is codified in the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956). In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the husband. It also judges whether the wife is justified in living apart from husband. justifiable reasons are spelt out in the Act. You can always file a petition under section 125 for grant of maintenance. For any other query, feel free to contact me.
Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity. Her right to maintenance is codified in the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956). In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the husband. It also judges whether the wife is justified in living apart from husband. justifiable reasons are spelt out in the Act. You can always file a petition under section 125 for grant of maintenance. For any other query, feel free to contact me.
well as per hindu law a legally weded hindu wife can claim A maintenance for her self and her minor children from her husband as per status of her husband limit of maintenance is not fixed by court only as per status of family and earning source of husband you can file a petition under section 125 cr p c before family court familty court will issue notice to the rep(husband) for your claim regarding maintenace further you can contact me for filing prtition and for more information reagrding your case
You can claim maintenance from your husband by filing petition for maintenance under section 125 Cr P C in family court or under Provisions of Domestic Violence Act or by both simultaneously. For detailed Enquiry u may contact me.
You can claim maintenance from your husband u/s125 crpc. You will get 50% of the total income of uour husband. But for yhat upu wil have to prove the income of your husband the proof of business that he runs and kind of living standard he enjoys
You have not disclosed to which religion your husband belong. Also it is pertinent to know that whether ur marriage was solemnized under HMA or under SPA, or not solemnized at all, as that will suggest to file proceedings under which law. You are having options of claiming maintenance under section 125, Domestic Violence Act, Hindu Adoption and Maintenance Act. But it depends on the before-stated questions.
The Hindu Marriage Act of 1955, Section 25, which provides for permanent alimony or maintenance, states that a court may order the respondent to pay the applicant for his or her maintenance and support if the spouse or husband makes a request.
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Please suggest on the query, if any advocate is using abused words
- Options of divorce for a filipina outside Philippines & marry in india
- regarding moving abroad while on 498-A case without taking permission
- Ongoing 125 crpc getting delayed
- I got exparte divorce against my wife in Bangalore family court
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."