Can maintenance be claimed by a wife without divorcing her husband?


I have married 8years ago. They used to say that, if you bring gold and money, we will take care of you. I got some property from my parents, he used that money and buyed property. From then he said, I don't want you, I need divorce. I am now separate along with my children. I don't want divorce, but I need maintenance.

Answers (3)


279 votes

I have married 8years ago. They used to say that, if you bring gold and money, we will take care of you. I got some property from my parents, he used that money and buyed property. From then he said, I don't want you, I need divorce. I am now separate along with my children. I don't want divorce, but I need maintenance.

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59 votes

Madam, you will file Maintenance Case for getting maintenance from your husband. You did not state about the status of your husband like his employment and properties. Divorce will not be granted to your husband without looking into your case. You will file a Maintenance Case against your husband for getting monthly maintenance.

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319 votes

Hi
Without filing for Divorce you can get the following
A) Maintenance under Section 125 Cr.P.C
1) you can file for maintenance for yourself and your children under section 125 Cr.P.C in the nearest court where you currently live.
2) Courts shall grant maintenance of upto 50% of your husband's monthly earnings.

B) Orders under Domestic Violence act

in addition to Section 125 Cr.P.C you can also file a case under Domestic Violence act and can ask the court for

a) Residence orders (your husband has to mandatorily provide for residence for yourself and children)

b) Compensation under section 22 of domestic violence act as compensation and damages for the injuries, including mental torture and emotional distress,

Hope this information is useful.

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