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Legal procedure to claim maintenance from husband after divorce


25-Jan-2023 (In Divorce Law)
I am - a nonworking 37 yr old hindu - is planning to get divorce from my abusive husband he is 39. We are married for 8.5 years and have a 6 year old daughter. I have already given a complaint in bhomika centre against domestic violence. Husband is a single child of upper middle class family having 3 houses in his parents name. But he is an ex-service man preparing for bank job. I am from a middle class family with no source of income and a rheumatoid arthritis patient on life time medication. I want to know if i ask for a shelter to live safely with my daughter how much possibility to get that from him? If no, what about monetary compensation for us?
Answers (3)

Answer #1
611 votes
Before filing the petition for divorce you should file a petition for maintenance for you and the child. Since he belongs to upper class family and an earning member definitely he has to maintain his wife and child. So file the MC petition at the earliest.
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Advocate Sindu R Kurup

Adv. Sindu R Kurup

LawRato Kannur | 5+ Answers
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Answer #2
767 votes
File a petition under domestic violence. Along with the petition seek gor temporary interim measures for claiming monthly maintainence from husband and slo a residence order for residing in the house without any further domestic violence
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Advocate Shyamdeep Shenoy

Adv. Shyamdeep Shenoy

LawRatoKochi / Cochin | 25+ Answers
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Answer #3
527 votes
As per Domestic violence Act you can claim shelter protection for both of you for temporary and safe stay from your husband and in -laws as the house is in the name of his parents you cannot claim it but obviously you can get a good amount of monetary relief as alimony for you and your child as both of you have the right to get it both the legal remedies can be possible only through legal battle .
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Advocate Jyothi P

Adv. Jyothi P

LawRatoKozhikode / Calicut | 25+ Answers
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