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Can I claim maintenance from husband without divorce
28-Mar-2023 (In Divorce Law)
My husband is a NRI working in UAE filed for divorce in Family court Andhra Pradesh allegating impotency on me. I kept counter and contested the divorce saying iam not agreeing for divorce. Case is running from one year.Now I want to apply MAINTENANCE case on him.what are all demands can I request in M.C case when not agreeing for divorce...A) can i ask for monthly maintenance? B) can iask for house accomdation when iam not agreeing for divorce?? Please clarify my doubts . Thanks.
Madam,
You can ask for monthly maintenance and other reliefs. Even in divorce proceedings you can claim maintenance. you can file a case under Section : 125 of the Code of Criminal Procedure for monthly maintenance from your husband. You can file a case under Section : 498-A of I.P.C. for domestic violence for maintenance and residence and protection etc reliefs.
You can ask for monthly maintenance and other reliefs. Even in divorce proceedings you can claim maintenance. you can file a case under Section : 125 of the Code of Criminal Procedure for monthly maintenance from your husband. You can file a case under Section : 498-A of I.P.C. for domestic violence for maintenance and residence and protection etc reliefs.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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hi
Yes. You can ask for Monthly maintenance under section 125 Cr.P.C(Maintenance case)
You can also ask for house accommodation under Domestic violence act.
You can also ask for maintenance under domestic violence act also but filing for maintenance under 125 Cr.P.C is preferred.
Yes. You can ask for Monthly maintenance under section 125 Cr.P.C(Maintenance case)
You can also ask for house accommodation under Domestic violence act.
You can also ask for maintenance under domestic violence act also but filing for maintenance under 125 Cr.P.C is preferred.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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You can ask for maintenance if your husband is not looking after you or if he is not providing the necessities and comforts according to the standard of living of your husband under section 125 of Criminal Procedure Code . If you are a Hindu then under Hindu Marriages Act you can also ask for litigation expenses & also maintenance during the pendency of the divorce petition. If your husband is not giving or not providing shelter to you and if he is behaving cruelly or abusing you mentally or physically and not paying maintenance then you can file a case under Domestic violence Act for relief of accommodation & maintenance & seek compensation for physically and mentally abusing you.
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Adv. C Hari Prasad
Nizamabad | 100+ Answers
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