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Maintanence/alimony on divorce with DV case, 3 year old kid
19-Mar-2025 (In Divorce Law)
arrange marriage 7 years.., i filed once DV case butgave a chance to my marriage, now i have a 3 year old kid, mother in law interfered more, she taught him not to spend money on me and my kid.., i raised the child alone, differences started arising more after kid, as i stopped working, he is toxic n brutal to me n my kid, owns a house in my name wch under loan paid by him, on divorce how much amount/on what grounds could my child get for maintanence and alimony, how will it affect if i remarry?
Dear ma'am,
Since you were financially dependent and raised the child alone, you can seek maintenance under Section 125 CrPC and alimony under Hindu Marriage Act/Special Marriage Act (whichever applies). The amount depends on your husband's income, standard of living, and your needs. Child maintenance is a priority and continues even if you remarry, but spousal alimony may stop post-remarriage. If the house is in your name, ensure loan liability is settled in the divorce settlement. You can also claim compensation for domestic violence under the Domestic Violence Act.
If you need further help, let me know.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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you will get maintenance according to your income affidavit and according to husband income affidavit. Basically whenever you file an petition for your maintenance then both the parties have to submit their income affidavit in which we have to mention about your income, expenses or liabilities. And the maintenance decided by the court if you will remarry then your maintenance will be closed but your children maintenance will be continued.
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Adv. Aditya Bhardwaj
Delhi | 25+ Answers
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If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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The maintenance and alimony amount would be dependent on various factors including his salary, your financial condition, etc . Remarriage has no impact on alimony but will certainly affect the maintenance depending upon some factors. It would be good advice to discuss the same at length with an advocate you would be entrusting your case to.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Hello dear client your case is related to domestic violence and guardianship so if you want to discuss in detail you can contact us I can help you out to solve your matter and there will be no difficulty on remarrying kindly contact us for more detail conversation kindly contact us
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Adv. Mehak Bhatia
Delhi | 50+ Answers
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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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