Husband filed divorce on grounds of cruelty can i ask for maintenance

My husband has filed a case on me under Hindu mairrage act 13 (1) 1A in a lower court far away from my home. I have filed transfer petition to move the case to Chennai High Court. He has given false allegations on the ground of cruelty. I am not ready to live again with him but I object the allegations he has filed against me. Is it advisable to file petition for maintainence under section 24 ? My husband earns 35 k per month. Im working in a private firm however my salary is not sufficient to manage my legal expenses. I don't want to get involved in the case for a long time since it harms my peace of mind and also my family gets suffered a lot. I'm the elder one and have a sister studying in school. If in case I file petition 24, will the duration of case increase.?

Answers (2)

131 votes

It can be. Proceedings for divorce will not affect your right to claim maintenance from your husband since he maintains his relationship as a husband till today as the case has not been adjudiacated as of now. He has the liability to maintain you even after the petition is allowed till you remarry.

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72 votes

You can ask for the legal expenses. But the court ordered legal expenses are always meagre. If you are working definitely you husband raise that point and contest your petition. So it will extend time. If you want to live with him you have to contest the case otherwise if you want divorce with out any allegations on you try for settlement for filing divorce on mutual consent. Then you will be spared of your peace of mind.

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