If i file for divorce, how much maintenance can i get for me and baby?

I need clarity regarding child custody and maintenance. I got married in May last year and have been a victim of domestic violence since the beginning. It got so worse of late that I came back to my parents home a month ago. I also complained by dialing 100 once but it was settled by my father in law and husband. I earn Rs. 28000 per month and my husband earns Rs. 40000 per month.

My baby is a few months old and my husband wants his custody. Can he get the custody of my child? Also, if I file for divorce, how much maintenance can I claim for my baby and myself?

Answers (1)

496 votes

Under the the Hindu Minority and Guardianship Act the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property - in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.

As you have mentioned that your child is few months old, so the Court shall grant the custody of the child to you only as a child requires a mother more than the father in the early years of life. So your husband cannot get the custody.

Now coming to maintenance: You can file a petition for maintenance under Section 125 of the Code of Criminal Procedure and even under the Protection of women from Domestic violence act without going for a divorce.

If you file for a divorce, then too you can claim maintenance under the above mentioned provisions and the Hindu Marriage Act. The amount of maintenance shall be decided by the Court. The fact that you are earning as well shall be also taken into account and therefore we cannot give you a fixed amount which the court shall grant as it is the courts discretion.

We suggest that you should register a complaint against your husband under Section 498A of the Indian penal Code and the Protection of women from domestic violence act in your nearest police station and the CAW cell.

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