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Living separate from husband without divorce can I claim maintenance
03-Jul-2023 (In Divorce Law)
I am married for 12 years and have a 11 year old son. I am married under Hindu Law. My husband is a VRS Officer from the Indian Navy. Currently working with Boeing India in Bangalore. I m staying with my son alone in New Delhi. My husband does not give any money to me for my personal expenses. I was working for many years untill I had to quit as there is no body to take care of my son (no in laws nor my parents). My husband gets both pension as well as salary. Am I entitled for per month maintenance without divorce? I do not want a divorce but want monthly maintenance for my personal expense
hello, yes you can claim maintenance under either the provisions of criminal law or family laws. your son is also eligible for maintenance. It would be better if we have a face to face meeting we can discuss your case in detail. thanks
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Adv. Shikha Sapra
Delhi | 25+ Answers
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How much is maintenance for a wife without divorce?
Sections 24 and 25 of the Hindu Marriage Act 1955 deal with maintenance pendente-lite and permanent support, respectively. In Kulbhushan Kumar(Dr) v/s Raj Kumari3, the court ruled that wife has a right to receive 25% of her husband's income as maintenance.
Under what circumstances can a wife claim maintenance from her husband?
Even if the wife is working, but her income does not cover her needs, she can claim maintenance. It is common knowledge that a working woman cant claim maintenance, but this doesnt apply when her earnings arent enough to support herself.
Do I have to support my wife if we are separated?
If one spouse is financially dependent on the other, a short-term or long-term support arrangement may be needed. If your marriage lasted for a specific period, or due to other factors, you may be entitled spousal maintenance. 31-Mar-2023
Can maintenance be granted without divorce?
The Madhya Pradesh High Court ruled that women who have not divorced their first husband are not entitled to receive maintenance from a second husband. 22-Aug-2023
Madam,
You should be very much sure about getting maintenance from you husband without giving him divorce all you have to do meet your advocate and if possible along with pension and salary details (as an evidence). Further it will be granted u/s 125 Cr.PC.
Best of Luck!
Thank you.
You should be very much sure about getting maintenance from you husband without giving him divorce all you have to do meet your advocate and if possible along with pension and salary details (as an evidence). Further it will be granted u/s 125 Cr.PC.
Best of Luck!
Thank you.
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Adv. Siddharth Dev
Delhi | 200+ Answers
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How much maintenance for wife and child without divorce
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No alimony to educated wife
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When a wife is not entitled to maintenance from her husband
Disallowed the maintenance to wife under Section 125 CrPC
No maintenance to wife Supreme Court
Yes. You can claim maintenance for your son and yourself. Divorce is not necessary. Your husband is duty bound to maintain both of you. But for seeking maintenance you have to approach the court by filing an application. Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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yes. not only you but also your son is entitled for maintenance. you can claim it under the provision of cr. p.c as mentioned in section 125. there are certain restrictions but no restriction for the maintenance of your son.
thanks and kind regards
thanks and kind regards
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Adv. Anand Verdhan Maitreya
Delhi | 100+ Answers
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Respected Ma'm
Yes, your husband is responsible for maintaining you and your child.
The husband is responsible under Section 125 CrPC to maintain wife if she is unable to maintain herself, and for child if not able to maintain.
The likely ground to be shown by husband is that you have no reasons to stay away. You must give cogent reasons to do so.
You can move an appropriate petition in the family court of your district, under Section 125 CrPC.
Feel free to contact for any further advise.
Yes, your husband is responsible for maintaining you and your child.
The husband is responsible under Section 125 CrPC to maintain wife if she is unable to maintain herself, and for child if not able to maintain.
The likely ground to be shown by husband is that you have no reasons to stay away. You must give cogent reasons to do so.
You can move an appropriate petition in the family court of your district, under Section 125 CrPC.
Feel free to contact for any further advise.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Can the wife get maintenance without a divorce? Yes. According to Section 18.1 of the Hindu Adoption and Maintenance Act 1956, a wife who lives apart from her husband has a right to maintenance. If the husband has been found guilty of desertion.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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.
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