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Clarification on claiming maintenance from husband without divorce


09-Feb-2023 (In Divorce Law)
I'm 68 yrs old lady and my husband 68 yrs old,we are married for last 34 yrs n have 2 daughters.elder one is married n younger one is serving.I was working in public sector and retired in 2009.my husband is ex defence off.taken premature retirement on med.ground before marriage n was not working so I had taken care of all the home affairs,both daughter's upbringing,education,marriage etc.He used to get scanty pension which was not enough as he is alcoholic n smoker.Now after OROP his pension is increased upto 50 k.we both were living in rented house,he torchured me mentally n driven me away from home,I'm not in good health n have no source of income.The house agreement is on his n my name.kindly advice me what should be done on my behalf,I'm willing to stay with him but he tortures me religiously,sexually n mentally.If he doesn't allow me to stay with him how to get a maintainance from him?
Answers (2)

Answer #1
695 votes
You may choose to file the maintenance case in court CrPC or you may file a domestic violence complaint against him.... Also you can choose to write to the Govt about your difficulties and have half of his pension provided to you under spl permissions and necessary orders to that effect
Answer #2
682 votes
file a complaint for domestic violence against your husband. And file a separate proceeding for maintenace under section 18 of adoption and maintenace act. file for application of interim maintenance and tell your lawyer to argue on urgent basis.

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