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How to claim maintenance when husband in abroad and salary is unknown
28-Jul-2023 (In Divorce Law)
My husband left me here in India to my parents just after 1 month of marriage because I had a seizure and went to California without telling its been 4 years now ,In Jan 2017 he file petetion Of RCR 9 in which I said I want to live with him but he didnt attended mediation also and suddenly took back the petition without any judgement from court. Now in Jul 2017 he has filed Divorce on the basis of desertion although The fact is I always wanted to be with him. How to Claim maintainance if I dont know his salary ,he is in Google in US. How can I take a base under 125 , and what else can I do as I have sufferd so much of mental harassement due to him. What should I do?
Salary is not mandatory or statutory requirement. You Can file case under CrPC and hma-24 as applicable. Besides Complaint to SSP of your area.he Can been served through his counsel Who filed RCR in jan. Personal consultation with your counsel will give You better results.
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Adv. Rajiv Sharma
Chandigarh | 100+ Answers
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When can wife claim maintenance?
(i) If the wife proves at any time during the divorce proceedings that she does not have enough income to support herself, then she is entitled to maintenance pendente-lite.
Can educated wife claim maintenance?
The Delhi High Court ruled that even if a woman is highly educated and earns money after marriage, she cannot claim maintenance from her husband if she has not disclosed her true income.
How much is maintenance for a wife without divorce?
Sections 24 and 25 of the Hindu Marriage Act 1955 deal with maintenance pendente-lite and permanent support, respectively. In Kulbhushan Kumar(Dr) v/s Raj Kumari3, the court ruled that wife has a right to receive 25% of her husband's income as maintenance.
Can alimony be claimed before divorce?
The section 24 of the HIndu marriage Act 1955 refers to this alimony. The alimony is paid during the divorce proceedings and is meant to support the financially dependent spouse up until the divorce is finalised. Temporary alimony is meant to maintain the status quo and cover urgent financial needs.
If the divorce is filed then you may file ad-interim maintenance under section 24 of HM Act In said petition.
Further if you want to file maintencae petition under section 125 of CR. PC then also may file it.
Further if you want to file maintencae petition under section 125 of CR. PC then also may file it.
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Adv. Jagan Nath Bhandari
Chandigarh | 200+ Answers
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can wife get maintenance without divorce
No alimony to working wife
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No maintenance wife voluntarily left the husband
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Disallowed the maintenance to wife under Section 125 CrPC
Definitely u can claim maintenance, undeR section 125CR.p.c. its not RequiRed to know the salaRy of a peRson in ol the cases, it can be claimed as peR the living standaRds of the family as well, eitheR his & in some cases uRz. DisseRtion is the gRound foR divoRce bt it can be Rebutted by pRoving that he is taking the advantages of his own wRong. We can pRove this fact by vaRious means, dun wRRy you can claim maintenance & inadvaRtently couRt will allow
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Adv. Ripudaman Singh
Chandigarh | 25+ Answers
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To get the benwfit U/s 125 of Cr.p.c.you have to get some salary proofs or profile of his employer and on which post he is. If your husband don't want to be with you then you have no other option except to file for divorce and claim maintenance from your husband.
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Adv. Manish Sharma
Chandigarh | 25+ Answers
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You need to be very conscious about visit of your husband to India, which he certainly visit during the course of evidence of his divorce petition and that time you may file complaint against him or may also register FIR of harassment or request to the Court through proper legal assistance & court may stop him to go abroad again and at that point of time a final settlement can happen between you and your husband.
Otherwise, you are free to take any such above legal course or can also file petition under section 125 but you need to search his address abroad & in India, if any criminal proceedings initiated, he may declare P.O. in pending proceedings which may ultimately force him to visit India one day.
Otherwise, you are free to take any such above legal course or can also file petition under section 125 but you need to search his address abroad & in India, if any criminal proceedings initiated, he may declare P.O. in pending proceedings which may ultimately force him to visit India one day.
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Adv. Deepak Verma
Chandigarh | 100+ Answers
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