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Can i claim child maintenance without divorce ?


04-Jul-2024 (In Divorce Law)
I don't want to give divorcee, but can i get baby expenses without divorcee from my husband? can wife ask for maintenance without divorce ?
Answers (6)

Answer #1
329 votes

Yes, in India, a wife can claim maintenance from her husband without filing for divorce. This legal right is provided under Section 125 of the Criminal Procedure Code (CrPC) and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). These provisions allow a wife to seek financial support if the husband has the means to provide for her but fails to do so.

Maintenance can be granted even if the couple is not divorced, as long as they are living separately for valid reasons such as cruelty, neglect, or abandonment. The court determines the amount of maintenance by considering several factors, including the husband's income, the wife's financial condition (if she has any income), and the needs of the children, if any.

The support may be granted as a monthly allowance or a lump-sum amount, depending on the case. These laws apply regardless of religion, ensuring that a woman has the right to financial support even without initiating divorce proceedings.

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Advocate Chikirsha Mohanty

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Answer #2
814 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.
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Advocate Ashutosh Dubey

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Answer #3
923 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?
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Advocate M P Siddiqui

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Answer #4
742 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.
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Advocate S. Sethu Mahendran

Adv. S. Sethu Mahendran

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Answer #5
784 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
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Advocate Manoj Kumar

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Answer #6
934 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
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Advocate Pankaj Kumar

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