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Am i entitled to maintenance if i am a working woman?
14-Apr-2023 (In Divorce Law)
I have been harassed mentally and physically throughout during my marriage of 8 years, and had even made complaints by dialing 100 twice last year wherein the Police came but all other family members persuaded me not to file a formal FIR.
Now I have moved back to my parent's place and want t Divorce wherein my husband is not ready for it. I have a 7 year old daughter as well.
Please advise the best way to get a Divorce and to ensure that I get the maximum possible maintenance amount for my daughter and myself.
I am working - can I still file for my maintenance as well?
Firstly you should register a complaint in the the Police Station or in the Crime Against Women Cell against your husband and in-laws for the offence of cruelty (both physical and mental) under the Indian Penal Code and even for offences under the Protection of women from domestic violence Act.
Thereafter you should file a petition for dissolution of marriage on the grounds of cruelty both physical and mental recognised under Section 13(1)(ia) of the Hindu Marriage Act. The Courts have recognised both physical and mental cruelty within the ambit of this provision.
With respect to the maintenance, you can file a petition under Section 125 of the Code of Criminal Procedure Code and also under the Protection of Women from domestic Violence Act for maintenance and you are legally entitled for maintenance not only for yourself but also for your daughter.
Yes, you are entitled to maintenance even if you are earning, however the amount may vary.
Furthermore, you will even have to file a petition for custody of your daughter so as to retain the custody of your daughter.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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