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How to claim maintenance from husband in case of divorce
23-May-2023 (In Divorce Law)
My husband and I have separated since may 26. In the past year, I had lodged a physical abuse case and filed for divorce. I have vacated the house and now stay in my parent's house. However, I have left a few of my possessions at his house such as my daughter's ballet costumes, her books, my clothes and the like. My husband visited me at my parents house but he is not willing to pay any maintenance to us neither lumpsum nor monthly. My lawyer advised me to lodge a police complaint but my daughter does not wish to do so. Is there any other way to get mine and my daughter's possessions?
(i) As your husband is denying you maintenance, you must assert your rights in the Court of Law. You can file a petition under Section 125 of the Code of Criminal Procedure to seek maintenance from your husband.
(ii) You should take your Lawyer’s advice, and lodge a complaint with the police to get back your possessions.
(ii) You should take your Lawyer’s advice, and lodge a complaint with the police to get back your possessions.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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There are so many provision in laws for maintainance to married women ,for getting your belonging and your daughters you can seek the permission of court and get the belonging return or seek production if things , there are many clause of laws and intervention by courts , hence better to seek and take good legal advice or in case dont find one do contact us .
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Hi
Without filing a police complaint you can still recover the maintenance from your husband. In case you want to file a petition for divorce then in that petition itself you can file a maintenance petition if you dont want to file a divorce proceedings for various reasons then u can choose to file S.425 CRPC for maintenance for yourself and your child, you should get it after this.
Pratap, Advocate
Without filing a police complaint you can still recover the maintenance from your husband. In case you want to file a petition for divorce then in that petition itself you can file a maintenance petition if you dont want to file a divorce proceedings for various reasons then u can choose to file S.425 CRPC for maintenance for yourself and your child, you should get it after this.
Pratap, Advocate
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Adv. Pratap Kumar
Bangalore | 200+ 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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