How can I claim maintenance from husband for my child without divorce
11-Dec-2023 (In Divorce Law)
Hi, My husband is not taking care of me and my son from past two and half years. We are not divorced. He is in South Africa and recently I came to SA as well. He did not allow me to stay with him. And even after repeated requests and demands, he refuses to pay any amount towards the child's upbringing and is pressing me for mutual consent divorce. I am not willing to give divorce, But I want to claim maintenance. Can maintenance be back dated for the past two and half years as well or from the period the claim is filed for? Our religion is Hinduism.
If you are in South Africa right now in which Court you will claim maintenance ? Certainly in your absence you cannot claim it in Indian Courts. If you are to be in India and if your husband had any property in India which you can show to indian Court, you can obtain attachment over it.
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You can claim for the maintenance for past two years if you are not working or if no amount is transferred to your account from your husband's. Meantime you can claim maintenance for you and your child if above stated circumstances doesn't apply to you then you and your child have a right two ask for the maintenance till date. You have to file the case in India.
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In this case,wife will be allowed to file mentainance case without filing divorce case,but if we see towards husband he is not having a intention to file divorce case,already both are started living seperatly more than 2 and half years,without delay it is better to file any of these cases as soon as possible.
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