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Father not giving maintenance to his own kids


22-Oct-2023 (In Divorce Law)
Can wife and children claim maintenence without taking divorce or is it compulsory to take divorce to attain maintenance?? What's the process to withdraw a case and will withdrawing a case would affect us or any other new case ??
Answers (2)

Answer #1
953 votes
It is not compulsary to go for divorce in order to claim maintenance. You can claim maintenance for yourself and your kids without divorce petition. The process to withdraw a case is simply to submit a written application through the Public Prosecutor (in case of a case registered through State) or by yourself (in case of a private complaint) stating the reasons for withdrawal. It depends on the type of case you wish to withdraw and the type of case you wish to file. For the complete process, you can approach me.
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Advocate Rahul Mishra

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Answer #2
950 votes
Well, it is not necessary to seek Divorce to get Maintenance. By remaining under Judicial Separation, a Wife can seek Maintenance from her Husband if he is earning more than her or else, if she is earning more than the Husband, then, she has to pay the Maintenance.
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Advocate Pankaj Bajaj

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LawRatoMumbai | 1000+ Answers
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