Procedure to file for maintenance in case husband staying abroad


My husband is living in foreign country and has liability of loans of over 40 lakhs as per his version. Not giving money to run the family. I have one son just started working. Daughter to be married and not working. Iam house wife. How to legally declare that my son, daughter, myself not responsible for the liability. Not sure to give divorce now. Any other suggestions for financial liability not coming to us as we are legally bound.

Answers (2)


345 votes

If liability is of husband, Bank will take action against him. You no need to pay. If home is mortgaged not easy to take your possession. You can file maintenance application under Sec.125 of CrPC and civil maintenance under Sec 18 of Hindu adoption and maintenance Act. Serve summons him through mail.


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256 votes

Dear Client,
Kindly note nobody is liable for debt of others, but if you are occupying the property owned by the said defaulter, the said property can be attached.
There are many if's and but's in your facts. It would be advised to consult any of the empaneled advocate of lawRato for correct and precise advice.

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