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Can a wife file for maintenance without filing for divorce
18-Feb-2023 (In Family Law)
My sister is married since 2011, and his husband beats her very badly not giving money to his wife and nor looking his daughter (5years old).. So without taking divorce can she get maintenance for both?
Your sister can get monthly maintenance for her self and her daughter also. For that you need to file case for maintenance u/s 125 of Crpc. For more details revert back to me. Best wishes and Regards.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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Yes your sister and her daughter both get maintenance from their husband and father resp. Without divorce. Filed application under section 125 of CrPC or under the provision of Protection of Women From Demotic Violence Act before competent court in whose jurisdiction your sister reside from last six months.
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Adv. Manmohan Bhutada
Amravati | 25+ Answers
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Hi it is not necessary to file divorce for having maintenance. You can file maintenance under to act criminal act act and domestic violence act. You can also ask for separate residence if it is difficult to stay with him
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Adv. Mrutyunjay Mahendra Bhokhare
Mumbai | 100+ Answers
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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.
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