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Divorce filed by husband,for maintainance
06-Jun-2023 (In Divorce Law)
Both parties Hindu, wife govt employee earn 28000 pm husband govt employee earns 2.5 lakh pm, have 1 minor child. Husband filed for divorce on cruelty ground and left the house. Wife staying alone in the matrimonial house with the child. Can wife get maintainance for herself and the child? If yes how to get it? Is DV filing is possible now after husband has filed divorce?
Yes, you can claim maintenance for your minor child as well as for you as your income is not as par with your husband.On the same cause of action you cannot file divorce as it is bar in the eye of law.
regards
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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filing of domestic violence wont be apt in this regard, because getting maintenance order takes 5 to 7 months which no lawyer discloses, otherwise a client will back off in doing such a case but there is a specific judgement where within 60 days maintenance needs to be adjudicated in divorce petition itself, now choice is yours to choose
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Adv. Aveek Bose
Kolkata | 1000+ Answers
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yes you and your child both are entitled to get the maintenance of one third of your husband's income, but from that one third share of the maintenance amount your income and your husband's family expense shall be deducted for calculating your maintenance amount, if you want to get the maintenance from your husband you have to file an application to that effect in the case filed by your husband
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Adv. Bibaswan Mukherjee
Barasat | 50+ Answers
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