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Child maintenance and mine too
16-Jun-2023 (In Divorce Law)
Hello, I and my husband are working as central govt employees, having same pay band but he is not letting me and 8 months daughter live for his will for second marriage and baby boy , since the birth of daughter he has not paid a single penny on her, he is having a lot ancestral property but his father played permanent injuction, will I be eligible for maintenance too if we apply on basis of his ancestral property and 70K is his gross salary, how much maintenance will I be awarded for daughter as I'm working and need maid too.and child is totally dependent on outer food , milk even coz I m not getting breastmilk.
Maintenance can even be granted to wife who is earning more than her husband if she is also taking care of children.
Exact quantum of maintenance cannot be determined but is decided by the judge keeping in view a lot of factors.
However, considering your case, you are eligible for grant of maintenance from your husband.
Exact quantum of maintenance cannot be determined but is decided by the judge keeping in view a lot of factors.
However, considering your case, you are eligible for grant of maintenance from your husband.
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Adv. Kunal Seth
Delhi | 500+ Answers
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There is no straight jacket formula for the calculation of maintenance amount however the same depends upon the standard of life your husband is leading. Moreover your daughter has right of maintenance too and you can file for the same. For any further legal assistance please feel free to contact
Thanks
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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You need to file a maintenance case against your husband under section 125 CrPC for the supply of maintenance on monthly basis. You and your daughter are entitled to maintenance from your husband. You must get at least 40k but it’s a matter of arguments at the time of deciding the maintenance. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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You can file a complaint under the DV act and seek maintenance, return of streedhan, residence order and lumpsum compensation. Further you can simultaneously file a Maintenance Petition under Section125 CrPC. Both the parents are legally bound to Maintain the child. You will get maintenance for your kid
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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You are for sure eligible for maintenance for your daughter as your husband also has the obligation to maintain her. You didn’t elaborate as to why you FIL got a permanent injunction against you on the ancestral property. Be that as it may, the quantum of maintenance is decided by the court ultimately but you may claim atleast 1/3rd of his gross salary. Kindly contact in case of any help required.
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Adv. Rajnish Kumar Singh
Delhi | 100+ Answers
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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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