LawRato

Father not paying maintenance to mother how file for divorce?


30-Dec-2023 (In Divorce Law)

Father and mother have quarrels in marriage. Mom and dad are married for 20 years. Now she want to divorce the husband. The most of the property is at the name of the father. Can she claim any share in the property? He is also not paying any maintenance amount. What can she do?

Answers (3)

Answer #1
985 votes
Try to resolve the matter by having peaceful conversation. Keeping in view the time spent in the marital relationship the process of divorce is not advisable, rather she if aggrived she can file a case for maintainance under section-125 Cr.P.C. And/or under the provisions of hindu adoption and maintainance act. If in worst situation she want to break down the marriage she can file section 13 petition under hindu marriage act before before district judge/family court as the case may be.
Helpful? LawRato14+ LawRato
Advocate Rohini Kumar

Adv. Rohini Kumar

LawRato Delhi | 5+ Answers
Chat with Advocate Rohini Kumar Chat 
Answer #2
875 votes
She can file a suit for divorce along with application for interm maintenance u/s 125cr.p.c. A separate application is also filed for deciding the maintenance/alimony. In case he doesn't give maintenance on court order he will be liable for contempt proceedings.
Helpful? LawRato11+ LawRato
Answer #3
506 votes
Hi If the property of your father is self acquired she can not ask for share. She could ask for divorce and also apply for grant of maintainence under Hindu marriage act as wel as under section 125 Cr PC
Helpful? LawRato17+ LawRato
Advocate Pravin Sharma

Adv. Pravin Sharma

LawRatoDelhi | 5+ Answers
Chat with Advocate Pravin Sharma Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato