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Maintanence during divorce notice period


19-Oct-2023 (In Divorce Law)

My husband has file a divorce petition.I am living in my inlaws ancestral house in the upper wing with my two children. He is staying in the ground floor.Can I claim for maintenance from my earning husband for three of us.In what amount and the time period .

Answers (2)

Answer #1
989 votes
Yes you and your children are entitled to maintenance from your husband regardless of the divorce petition filed by him. The maintenance will be payable from the application and the amount will depend on your husbands income, yours and your children's living standard etc.
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Answer #2
676 votes
You can file a petition under section 24 of hindu marriage act along with reply to the petition of divorce filed by your husband .court is duty bound to decide your petition for maintainance first then proceed to decide petition for divorce. TAs per law court is duty bound to decide maintainance petition within 60 days from the date of filing of reply to your petition. Amount of maintainance depends on proof of income of your husband or else courts belives it to be reasonable in absence of proof.
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Advocate Ashok Kumar Jha

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