From which city I need to file maintanence for the kid

551 votes

Yes, you can file a divorce petition in Mumbai as you are residing here though temporarily. Also, simultaneously you can file an application seeking maintenance therein. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

660 votes

Yes, you can file for maintenance under Section 125 of the Criminal Procedure Code (CrPC) in Mumbai itself. Let me explain the legal position regarding the jurisdiction for filing maintenance: 1. Jurisdiction for Filing Maintenance: Under Section 126 of the CrPC, a petition for maintenance can be filed in: The place where the husband resides, The place where the wife resides, or The place where the husband and wife last resided together. Since you are currently residing in Mumbai, even though it is a rented flat and you may not have a permanent address proof, you are legally entitled to file the case in Mumbai. The court will accept it as your current place of residence. 2. No Address Proof in Mumbai: The absence of a permanent address proof in Mumbai is not a barrier. You can submit other documents, such as a rent agreement, utility bills (electricity, gas, etc.), or even an affidavit stating your current residence, as proof. 3. Advice Regarding Filing in Patna or Hajipur: While it is true that you can file in Patna (where you last resided with your husband) or Hajipur (your parental home), this is not mandatory. If you are currently living and working in Mumbai, it is more convenient to file from Mumbai, as it will save you the time and cost of traveling for court hearings. 4. Practical Approach: Gather any documents that can establish your residence in Mumbai, such as your rent agreement, Aadhaar with updated address (if possible), or even a letter from your landlord. Approach a local family court in Mumbai with the help of an advocate to file the maintenance petition. If necessary, an affidavit can be submitted to explain your current situation and place of residence.

Advocate Kiran Ashok Gangurde LawRato

665 votes

A maintenance case can be filed in India in either the place where the couple last lived together or where the wife is currently residing. The case can be filed in the family court or judicial magistrate's court.

Advocate Pankaj Bajaj LawRato