Husband living separately for 2 yrs, how to claim maintenance from him

918 votes

Hello Madam,

Your husband has deserted or left you two yrs back. What was the reason. Why you didn't follow up after you filed FIR, you have written in- laws dont support, did they abuse you or any violence took place. From when you are staying alone with your son. Domestic violence if happened should have been filed bit earlier. Please furnish more facts and thanks for writing. Please feel free to contact me.

LawRato LawRato

955 votes

Yes you can file a case for maintenance under section 125 of crpc and also file a case for divorce on ground of cruelty and desertion, you can get issued the notice on last known address, it will not be served then you take paper publication and the notice will be presumed to be served, then you will get the order. For more details contact.

Advocate Bharat Narasgouda LawRato

692 votes

DV petition should be prepared, filed in the jurisdictional courtand summons served to last known address - there are many different ways to find the address and get the summons served to your husband

Advocate C V Srinivasa

LawRato LawRato

699 votes

Madam,

As you told, your husband is deserted you, it is the best ground for maintenance . You can file a maintenance case and sought for maintenance fro your and your children. It is the morel obligation on the part of the husband to look after his family. When he neglected to do/perform his obligation, then you can go for maintenance.

Advocate M Lakshmikanth Arya LawRato

936 votes

Consult an advocate.
If you are define that your husband is an engineer graduate, probably he may be having immovable properties. The court will do the needful if it awards maintenance to you and your child. Even jobless husband is to maintain the wife and child, unless he is disabled.
You can file petition invoking Section 125 of Code of Criminal Procedure 1973. There you can serve the notice on his last place of residence, by substituted service.

Advocate Chandraiah LawRato