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Husband not wiling to pay maintenance. What to do?


23-May-2023 (In Divorce Law)

Husband not wiling to pay for my maintenance. What should I do?

Answers (1)

Answer #1
381 votes

If your husband is not wiling to pay for your maintenance, then an application has to be made under section 125 of Cr.P.C. which provides for maintenance, along with that petition under section 12 of Domestic Violence Act.

You can also file for interim maintenance under section 24 of the Hindu Marriage Act.

Section 24 of the Hindu Marriage Act 1955 is summarized below for your understanding:

Maintenance pendente lite and expenses of proceedings. ?Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]


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