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Can maintenance be filed for without filing for divorce?


28-Jun-2023 (In Divorce Law)
i am a hindu.i m living separate from husband as he deserted me and my kids.can I get maintenance and child support without filing for divorce.what would be the cost to a file maintenance and support.hearns more than I earn.he is not taking care of my kids .
Answers (5)

Answer #1
650 votes
Yes.You can file maintenance from your husband even without filing the divorce case.It is the moral and legal responsibility to maintain his family .You can file maintenance case under section 125 CrPC before the competent family court.The quanta will depend on his earnings,his financial capacity,living expenditure etc..
Answer #2
622 votes
hi,
madam yes you can claim the maintenance from your husband without divorce as it cannot be said in terms so that how much you can claim but so that you can claim the maintenance and you need state the income of your husband
Answer #3
861 votes
yes you can get the maintenance from your husband for your self and your kids without filing divorce. basing on his earning you can file maintenance for your self and your kids, for which you have to file a maintenance petition in the family court.
Answer #4
652 votes
Dear Client,
Information is insufficient. What is your husband and what are you. Whether both are employees. Then what is your salary and what is his salary. You can file maintenance case for you and your kid without filing for divorce. Court will see what is your salary and what is your husband`s salary and whether you are not in a financial position to maintain you and your kid. After taking all the circumstances and living conditions social status, you will be granted maintenance for you and your kid. Take expert legal advise after furnishing detailed information. Engage an expert advocate. Legal expenses will depend upon the experience and expertise of advocate who deals your case.
Answer #5
868 votes
Madam,

Yes. You can claim maintenance for yourself and your kids from your husband without filing for divorce. The cost to file a maintenance case is minimal and the lawyer's fees will depend on the lawyer you are going to engage. File the maintenance case in the jurisdictional family court where you are presently staying.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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