Husband not staying with me. When can i file for maintenance?

743 votes

Hello... the information provided by you are incomplete and ideally would like more details like 1. reason for your husband not staying with you 2. where and with whom are you staying currently 3. what is your total current expenditure and if it is more than Rs. 5000/- than who is bearing your expenses... however, with the limited information and on the basis of certain presumptions I will proceed with my advice. first of all you can file anytime for maintenance on behalf of your own self and your child from the date your husband has refused to maintain you under section 125 CRPC. With the new guidelines and precedents set by Hon'ble Supreme Court and several High Courts you can, under certain circumstances, get the maintenance from the date of notice itself i,.e from the first date of hearing.. further as far as RCR is concerned since your husband is the one who abandoned you and your daughter his case will be on very shaky platform..

Advocate Priyanka Singh LawRato