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How to claim maintenance without giving divorce


10-Aug-2023 (In Divorce Law)
I belongs to SC categery. My husband fill a divorce pition in the court but after sometime he withdraw the case & also he & his mother didnt allow me to live in his house .he didnt ready to live with me .we got married just 2 years ago.we also have a 1 year old daughter what should i do. i file the domastic vilonce case & alumini case against him .but i dont want divorce what should i do?
Answers (5)

Answer #1
989 votes
Madamji if u r not willing to give divorce then continue ur matter under DV Act and Alumini case and in the matter of DV Act u can file an application to the court and ask for residencial right to u and ur daughter in the house of husband and more ask maintanance for u and ur daughter. If he file divorce vase u appose it through and advocate. If there is no substancial ground then court will reject it. Dont worry no one comple u for divorce. Only engage proper advocate and follow the instruction of advocate.
Answer #2
948 votes
Dear Querist, as per your query, you have mentioned that he has already withdrawn the case of Divorce which your husband had filed, and you have filed for alimony and domestic violence, now further you can file for Restitution of Conjugal rights if you dont want divorce and want to stay with him. For further more please call on my number
Answer #3
668 votes
Yes, you can file domestic violence case against your husband and in laws. You are entitle to received maintenance for yourself and your child without going for divorce, iss his responsibility to take care of you and child.
Answer #4
967 votes
Though you have filed a case against your husband for maintenance as well as for domestic violence you cannot restrict your husband for filling a case for divorce but you can defend yourself against your husband in court for dismissal of divorce case.
Answer #5
506 votes
You can file petition for restitution of conjugal rights also claim for maintenance under section 125 of code of criminal procedure.

Alimony will be given after divorce.

You may consult for legal opinion with all case details

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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