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Husband not giving maintenance for children and wife. How to claim


10-Jan-2023 (In Family Law)
i am an Engineer,with goodwill i allowed my husbnds(whom i made to write MICROSOFT EXAMS,MADE HIM TO STUDY ENGINEERING) ..Uneducated sister,her 2 kids,her inlaws,his brother,his relatives to my house from 2004 onwards ie after our marriage as my husbnd parents passed away bef.our marr.I have given those people lot of RESPECT,BELIEVED THEM LOT allowing them to stay in my house along with us ,my car to roam along with my husband...they started staying for 15-20days & coming frequently to our house...1st 2-3yrs they were ok...but from 2008 onwards my husbds sister,her major son,my husbnd brother taking away my husband from me & my 2 children with different planned dramas....my children now in VII, V std...my husbands salary is being taken away by his sister,,her major son,elder brother...MY HUSBAND GETTING 1 LAC pm but with lot of difficult paying only school fee ,spending hardly 4...5k pm on my kids. I WANT MY HUSBAND to feel RESPOSIBILITY OF ME,MY KIDS,,,SHOULD BEAR OUR EXPEnditure,,,
Answers (3)

Answer #1
878 votes
HI
it appears that your husband is unable to say NO to his siblings who are demanding money and misusing his kind hearted nature.
So your husband and you should sit together and talk about managing finances for himself,you and your kids.
Also you need to put your foot down and start managing the finances of the house(including your husband's salary)
Advocate Rajagopalan

Adv. Rajagopalan

LawRato Hyderabad | 500+ Answers
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Answer #2
580 votes
Hello,

Presently are you working and drawing good salary? If yes, you cannot claim maintenace from your husband for yourself. However, you can file a petition before your jurisdictional family court under 125 crpc and claim maintenance for your two kids as it is the responsibility of the father also to maintai n his children till they attain majority. You can also file domestic voilence case against your husband and claim maintenance from your husband for your kids. If you are not working and have no source of income, you can claim maintenance for yourself also in the 125 crpc petition as well as in the domestic voilence maintenace petition. Feel free to contact me for any suggestions or advice to proceed.
Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 500+ Answers
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Answer #3
710 votes
Please file a maintenance case against your husband seeking maintenance under Sec.125 Cr.P.C. You can claim maintenance of your children as well as yourself so that your people can survive. The court surely grants maintenance. To keep away all relatives of your husband from harassment, you may file Sec.498A IPC against them and your husband.
Advocate N Venkateswara Rao

Adv. N Venkateswara Rao

LawRatoHyderabad | 25+ 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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