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Custody and Maintenance issues
01-Oct-2024 (In Divorce Law)
Hi, I am working woman and earns almost equal to my husband. WE don't live together from last 3-4 years. My 7 years old lives with me and my husband does not support us financially at all from last 2 years. all school fees and other expenses are borne completely by me. He refused to give anything. So basically all physical as well as financial responsibility lies with me. Being working can i still claim maintenance for my kid? if yes till how much do we generally get on a monthly basis ?
I have received your query regarding your case and there are lots of judgments of the supreme court of India in your favour and you have also claimed the maintenance for children because this is your child's legal right .
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Adv. Gourav Sharma
Delhi | 5+ Answers
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If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your minor child. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Right of the child to claim maintenance from father is independent from that of a mother. You can file for maintenance for the child separately in the appropriate court. The amount of maintenance is dependent upon the lifestyle of the husband and there is no strict jacket formula to calculate the same. For any further query feel free to contact.
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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yes you can claim the maintenance for your children, it doesn't matter that you are earning, the maintenance amount depends on the expenses of the maitinan the children, including school fee, fooding, clothing, if any extras activities, your husband is also liable to maintain 60% to 70% of total expenses.
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Adv. Mukesh Kumar Sah
Delhi | 100+ Answers
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Yes, of course you can claim maintenance for your kid even if you are earning well enough for the purpose of education, clothing/food expenses, tution fees, extra curricular activities and even for taking your kid to trips. There are many such cases in which where the wife would be earning more or equal to her husband despite that the court had ordered kid to get maintenance from father.
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Adv. Abhimanyu Goel
Delhi | 25+ Answers
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