Advocate Priyanka Singh

Questions Answered by Advocate Priyanka Singh

Q: I am a working woman, can I claim maintenance from my husband.

My husband want to leave me.He is working in SBI bank as Trainee officer.His earning is 40000/month.I have 7.5laks earning .My monthly income is 45000.He is refuse to pay rent for this month & transferred to other city. Can I get maintenance for me & my 3 year old child? How much & what is procedure? It has been 4 years to our marriage.

Advocate Priyanka Singh answered
Hello... since both you and your husband earns approximately the same no one is under any legal obligations to maintain the other. However the child being joint responsibility of both the parents is entitled to be maintained by both.. so you can ask for maintenance of your child.. your husband is under obligation to share the expenses equally..

Q: Husband not staying with me. When can i file for maintenance?

My husband is not staying with me. He is askinge to move to a rented accommodation with him. He owns two houses, one on loan and other in which in-laws are staying. If he files RCR can I refuse to go with him to rented flat? Wat reason she I give. Secondly, we have 3 months old daughter together. He is not living with us since 3 months. When can I file maintenance under civil. Right now he is giving 5000 per month. How long will it take to get maintenance through court.

Advocate Priyanka Singh answered
Hello... the information provided by you are incomplete and ideally would like more details like 1. reason for your husband not staying with you 2. where and with whom are you staying currently 3. what is your total current expenditure and if it is more than Rs. 5000/- than who is bearing your expenses...however, with the limited information and on the basis of certain presumptions I will proceed with my advice. first of all you can file anytime for maintenance on behalf of your own self and your child from the date your husband has refused to maintain you under section 125 CRPC. With the new guidelines and precedents set by Hon'ble Supreme Court and several High Courts you can, under certain circumstances, get the maintenance from the date of notice itself i,.e from the first date of hearing.. further as far as RCR is concerned since your husband is the one who abandoned you and your daughter his case will be on very shaky platform..

Q: Should i file for divorce first or wait for my wife to file against me

Hi as my love marrriage is abt to break due to lot of interference in my family life .i was married in nov 2014 n since then i am staying at my inlaws another flat n paying rent to them as a result they keep interfering in my family and now when i decided to move to my home town they influenced her n want a settlement for divorce which they demanded is not valid . warning me about legal action on me wat should i do. wat if they drag me in 498a .as it was love marriage wat evr they gave her daughter is with them n they only abusing me n my family ..please assist

Advocate Priyanka Singh answered
First of all as per Hindu Marriage Act you cannot file divorce petition before elapsing of one year period since your marriage.Now coming to your concern regarding section 498 A case, in the light of a recent Supreme Court judgement lodging of FIR under section 498 A of IPC does not tantamount to automatic arrest so relax on that ground also.Now coming to your concern regarding your problem on the marriage from your mail what we can gather. The problem is too much interference on the part of in-laws as you have not written anything your wife. I would say this is epidemic which is spreading very fast and a common problem with most of the married couples, so I would suggest if you have no issues with your wife try to settle things out by mediation either with the help of relatives/ friends and/ or Court.