Can I claim child maintenance from husband without divorce

915 votes

yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.

Advocate Ashutosh Dubey LawRato

761 votes

Yes you can claim maintenance without giving divorce. But based on your nature of job and financial status and other circumstances you are entitled to claim maintenance for your children. But we need to know the full facts of your marital cases and other pending litigation between you and your husband. Based on that you can file petition for maintenance of your children.

Advocate S. Sethu Mahendran LawRato

702 votes

Yes you can file case for maintainance of ur child without taking divorce. There is a remedy under the law of land to file a case on behalf of your child for maintainance. Your child can file the same through you who is natural mother of the child

Advocate Manoj Kumar LawRato

759 votes

Of course, any wife having no income to maintain herself or having significantly lesser income than her husband can claim maintenance from her husband. She can also claim maintence for her child, even if she is earning, since maintaing the child is responsibility of husband too. Claiming maintenance has no adverse effect on divorce proceeding and husband cannot claim divorce merely on the ground that he is paying maintenance.

There are various proceedings in which maintenance can be claimed from husband for herself and child viz,
(1) petition under section 125 Cr. P.C for maintenance
(2) Divorce pressings filed by husband or wife
(3) Petition for restitution of conjugal rights
(4) Domestic violence case

Advocate Pankaj Kumar LawRato

674 votes

Hi
he don't want to lI've with you than you can claim maintenance.

Question: I dont want to give divorcee, but can i get baby expenses without divorcee from my husband?
Question: I dont want to give divorcee, but can i get baby expenses without divorcee from my husband?

Advocate M P Siddiqui LawRato

455 votes

Yes, a wife can claim child maintenance from her husband without getting a divorce. In India, provisions under Section 125 of the Criminal Procedure Code (CrPC) allow for the maintenance of wives, children, and parents.
Key points regarding claiming child maintenance without divorce:

1. Section 125 of CrPC: This section provides a legal recourse for wives, including those who are not divorced, to claim maintenance from their husbands. It is not necessary for the wife to be divorced to seek maintenance.
2. Applicable to Minor Children: The provision also covers the maintenance of minor children. If a wife has custody of minor children, she can claim maintenance for them as well.
3. Conditions for Maintenance: To claim maintenance, the wife must establish that her husband has the means to provide maintenance and that she is unable to maintain herself. Similarly, for child maintenance, it should be proven that the husband is the father of the child and has the means to provide for the child's upkeep.
4. Amount of Maintenance: The amount of maintenance is determined by the court and is based on various factors, including the husband's income and the needs of the wife and child.
5. Legal Process: To claim maintenance, a wife can file an application under Section 125 CrPC in the Magistrate's Court. The court will conduct proceedings and issue an order specifying the maintenance amount.
6. Enforcement: If the husband fails to comply with the court's maintenance order, the wife can seek legal remedies to enforce the order.

Advocate Chikirsha Mohanty LawRato

203 votes

Can the wife get maintenance without a divorce? Yes. According to Section 18.1 of the Hindu Adoption and Maintenance Act 1956, a wife who lives apart from her husband has a right to maintenance. If the husband has been found guilty of desertion.

Advocate Chikirsha Mohanty LawRato