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Can maintenance be claimed from ex husband if child is minor?
23-Jul-2023 (In Divorce Law)
I am an Indian women aged 31 years got married in India(2006),migrated to UK with husband during2007(my parents and brother are UK citizens) became mother of my female child born in UK(July 2007) suffered due to domestic violence by husband, forced to return to India with daughter to save our lives at the expiry of our LLR(2012) and got divorced by Indian courts with out any compensation or benefits(2015). Ex Husband now UK citizen, remarried and well off(owns a company in UK). I took care of the female child for the last 10 years and now jobless needs support to take care of the child from ex husband.what is the legal procedure to get financial support for the child from childs father/ my exhusband who is now in UK.I am a Hindu.
Firstly when you obtained your divorce in 2015, who filed for divorce and on what ground? Did you go for divorce by mutual consent? What was the agreement regarding your and child's maintenance? I will have to read the decree of divorce granted to you in 2015 before I can give you a proper advice. If nothing is mentioned regarding the maintenance of you and your daughter in the divorce decree, then we can file for maintenance in India. If you are in Chennai and need any further assistance then you can contact me.
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Adv. Suchit Palande
Chennai | 200+ Answers
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You can proceed against your ex husband for maintenance, under sec. 125 of the Criminal procedure Code. But if you have married anybody else during the intervening period, you lose your claim.
Thank you
Thank you
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Where your marriage was held?If your marriage was held in India you can file a case against him under 125 of Cr.P.C for the maintenance for you and your child .During the time of your marriage he was a citizen of India only no?So surely you can file a case against him.
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Adv. K Prema
Chennai | 200+ Answers
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Hello,
You can claim maintenance from your husband by filing a maintenance petition before the Indian courts stating that you are not able to take care of the child. Even if he is in UK, the indian court has the power to summon him to court.
Regards,
Aditya
You can claim maintenance from your husband by filing a maintenance petition before the Indian courts stating that you are not able to take care of the child. Even if he is in UK, the indian court has the power to summon him to court.
Regards,
Aditya
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Yes. You can proceed against your Ex-husband for permanent alimony and as well for the monitory support for your daughter. Your Ex-husband under law is bound to support both of you, especially your girl child upto the date of her marriage. Therefore, consult your lawyer there in your place and file appropriate proceedings.
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