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How to claim maintenance from husband without going for divorce
19-Mar-2023 (In Divorce Law)
My Sister-in-law's husband left her and 2 kids(12 years girl+10 years son) 2 years back.He is a government employee earning around 60k/month and also running company under his mom's name partnering with his friend.He might be getting company profit of 1L/month as his share.He is the only son for his widow mother. He isn't providing any financial help and my SIL is also working as government school teacher earning around 30k per month.So my FIL is helping her financially. Still they are very old to rely further.Her husband is having affair to another girl and fight started on that.He does physical harassment to her influenced by his mother.During his exit from home,he hit her on head strongly in the street and she filed a case against him in local police station for her safety.1)Shall we go to LokAdalat to claim financial help for her kids' school fees which comes around 80k a year?Ready to accept him,if he comes clean in future.So not going for divorce but need financial help.
Hello,
To apply maintenance case divoocase not required. She has legally wedded husband so it's husband's duty to maintain the wife and kid. She can file maintenance under section 125 crpc to claim maintenance.
To apply maintenance case divoocase not required. She has legally wedded husband so it's husband's duty to maintain the wife and kid. She can file maintenance under section 125 crpc to claim maintenance.
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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Your SIL can file a Petition for Restitution of Conjugal rights (to live together). She can also file a Petition for maintenance for the children. She can also file a Petition under Domestic Violence Act to prevent her husband from hitting her etc and also she can ask for providing her a decent place to stay and for the maintenance of the children. No use of going to Lok Adalat. The Law, Court, Police etc is always supporting the Wife. Also she can inform his Office/Department that he is having illegal relationship with another lady. He will be suspended and a Departmental enquiry will be conducted against him. But before your SIL does anything in a hurry, your SIL should first discuss her case with me in detail and take a proper legal advice to take necessary action against her husband. Once I get a clear idea of what has happened in the past and what will be his reaction, then I can give her the best advice and guide her to get necessary relief.
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Adv. Suchit Palande
Chennai | 200+ Answers
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Sure. Your sister in law having right to get maintenance u/s 125 crpc for her and the children also. Without going for divorce. She has to file the same before jurisdictional magistrate court. But she can claim under this act for only 12monrhs, thereafter a fresh petition to be filed
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Adv. Jayaprakash V
Hosur | 25+ Answers
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