Clarification on getting maintenance without giving divorce
16-Dec-2023 (In Divorce Law)
m married from 4 years, I have a baby boy of 3 years and me and my hubby, we can't getting to each other we both r unable to stay with each other that's why we want to separate from each other without divorce I want to stay alone with my son and I want monthly money for our survive so please help me what should I do plz suggest me
You can file a maintenance petition under section 125 of the code of criminal procedure. You can also file for judicial separation and seek maintenance under the Hindu marriage act. As you deem fit...
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You need to file maintenance case for yourself and son. If you want to stay in separate residence, domestic violence case can also be filed. Protection orders can be asked for if there is any threat to you or your son.
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You have legal remedy to avail as per code of criminal procedure and hindu adoptions and maintainence act. Just to get the legal remedies under indian law you will have to file petition in the concerned court under section 125 crpc and section 24 of hindu adoptions and maintainence act.
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