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Children's maintenance petition


29-Apr-2026 (In Divorce Law)
I am a working mother living separated from my husband with two minor children since Dec 2023. Since then I am incurring all the expenses for my children. Their father didn't contribute to this expense till now.If I file a maintenance petition against him, is there any provision to get the share of the maintenance expenses for the children which was already incurred by me from him in addition to the future monthly maintenance amount?
Answers (4)

Answer #1
665 votes
yes there is option to file a case for further monthly maintenance to be incurred from him, but it should be as per law and according to court procedure, along with your already monthly maintenance also includes, so consult a lawyer and he will help to file a case
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Answer #2
529 votes
You can claim reimbursement and compensation for past expenses , and also claim future monthly maintenance. File immediately and seek maintenance from date of separation. I can file and pursue the case effectively to recover both past and future maintenance.
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Answer #3
723 votes
Yes, you can certainly file a maintenance petition for your minor children, and the father is legally bound to contribute towards their upbringing. You may seek monthly maintenance for future expenses under Section 125 CrPC / relevant provisions under BNS framework, as applicable, or under the Domestic Violence Act/Hindu Marriage Act depending on your circumstances. Regarding past expenses already borne by you since December 2023, courts primarily grant maintenance prospectively from the date of filing (and in some cases from the date of application). However, you should specifically place on record all school fees, medical bills, rent, childcare and other expenses incurred by you, and seek reimbursement/contribution. While retrospective recovery is not automatic, the court may consider these facts while determining arrears/interim relief. Maintain proper documentary proof of all expenditures and files without further delay.
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Answer #4
686 votes
make one thing clear whether you divorced from your husband or living separately...you can file maintenance for both of your children separately that provision is very much available in the law...if you need advocate you can avail my services...
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