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Can wife claim for maintenance if husband allows her to stay with him


16-Feb-2023 (In Divorce Law)

1) My father started living separately from us since 2012 in the 1st floor of the house constructed & owned by him. 2) My mother(unemployed housewife, with no property/flat written in her name by her husband) and me live in the ground floor. 3) He does not pay any maintenance to her (I financially look after her) 4) Can my mother claim maintenance in spite of the following : 1) husband has allowed her to "take shelter" in his house despite separation 2) husband allows her to use "his" fridge, washing machine, sofa, stove etc. 3) Looked after by me(i.e her son)

Answers (1)

Answer #1
556 votes
Yes. your mother can claim separately as your father is legally living on the first floor and you are staying in the ground floor. The maintenance can be for subsistence allowance, medical bills etc. mere provision of shelter, fridge, washing machine etc are not a substitute for maintenance.

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