quesNeed immediate maintenance from husband for kids education, upbringing

I am staying away from my husband with my father since 7-8 months as my husband is in a joint family and there are a lot of problems.

Husband does not get his separate home as my father in law does not allow. Now my kids are growing up and I need to bear their expenses for education etc.

My husband says I should ask my father for the money as I am not staying with him.

I want to know if I can file for maintenance without divorce and if I can get interim maintenance immediately as the case will go on in the court for long

  • ans

    Regarding your query,

    Yes you can file a maintenance case against your husband without having a divorce.

    Maintenance case can be filed under section 125 of Cr.P.C. 

    If you are to able find a good lawyer then there are chances that you would get the maintenance amount from the first hearing of the case itself.

    The case might be pending for years but there are chances of getting maintenance amount form the beginning as the court also favors for the betterment of the children.

    We would also suggest that you should visit a marriage counselor as your problem doesn't seem disastrous. A bit of compromise between you and your husband would only be better for the children. 

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