Legal procedure to claim maintenance from husband after divorce


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)


219 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 .


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

293 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

Popular Divorce Lawyers


Advocate Gouri Shankar Hemekari
Dilsukhnagar, Hyderabad
23 years Experience
Advocate Ricky Chopra
Sector - 49, Gurgaon
18 years Experience
Advocate Ricky Chopra
Karkardooma Court, Delhi
18 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
108 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.

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles


Related Articles