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Divorce petition and child support


05-Jan-2026 (In Divorce Law)
I am a working woman earning 50 k monthly have 2 kids 3 year daughter and 9 month son from 10 year marriage. The father education wise engineer is currently willingly unemployed . Reason for filing for divorce is father is extremely irresponsible towards kids , does not pay any money towards their expenses and constantly threatens me to leave his house if I refuse to be intimate . He abuses me and my mother verbally everyday. What are my legal rights? And also what is the money I can expect for
Answers (4)

Answer #1
721 votes
Your legal rights include Criminal Case filed for expenses and maintenance of your children, domestic violence against you and relatives and civil suit seeking judicial separation, which may lay down strong foundation of divorce in case of continued abuse. For maintenance, you may expect 7-10k per month for the children. Alimony cannot be decided without verification of assets and liabilities of both: husband and wife. For more details, feel free to connect with appointment. Advocate SOHAM DESAI ♦️
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Advocate Soham Desai

Adv. Soham Desai

LawRato Vadodara | 400+ Answers
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Answer #2
710 votes
You haven't mentioned where you live, but you can meet a good lawyer and explain your facts and get their help. I hope you have well satisfied Call me for more information.(nine nine one three eight five seven four nine eight)
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Advocate Nayankumar Prajapati

Adv. Nayankumar Prajapati

LawRatoGandhinagar | 25+ Answers
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Answer #3
578 votes
as you are leaving separately from your husband and kids are living with you, you have the right to ask for maintenance of kids and for yourself as well, we are not sure that court will provide you a maintenance as you are working women earing 50 thousand per month which enough for a middle class person to survive but you have all right to ask a maintenance for your children as it is a responsibility of the father as well. Apart from this if we talk about abuse from your husband you can also file a complaint for domestic violence, in this you can get compensation for the abuse and get an amount for house rent as well. Further you can file a police complaint under bns for abuse(old 498)
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Advocate Mohammad Sawban Memon

Adv. Mohammad Sawban Memon

LawRatoVadodara | 25+ Answers
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Answer #4
676 votes
Based on what you have shared, you have strong legal rights. Verbal abuse, forcing intimacy, and harassment come under domestic violence and mental cruelty. You can take action under the Domestic Violence Act and seek protection and residence rights. Even if you are earning ₹50,000, your husband is legally bound to maintain both children. His unemployment is not a valid excuse, especially since he is qualified. You can claim: • Maintenance for both children • Education and medical expenses • Interim and permanent alimony • Custody of children (you have a strong case as they are very young) You also have the right to stay in the shared house. He cannot force you to leave. For proper legal guidance and to take this forward, please contact me so that I can check all details and guide you step by step.
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Advocate Viraj

Adv. Viraj

LawRatoAhmedabad | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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