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Maintenance for daughter from my husband
06-Aug-2026 (In Divorce Law)
My daughter 14 yrs old and I am staying in India and my husband stays in usa bt we got married in usa following Muslim law nikah though I am Hindu and I got pregnant over there bt due to domestic violence I came back to India when. I was 3 months pregnant till then my husband not came or gave any maintenance for my daughter not me also left contact and denied to contact our daughter I keep on sending mail bt he never send any money for my daughter not even talk to her .hw is govt can help me?
Your 14-year-old daughter has a legal right to be maintained by her father.
You can seek maintenance for your daughter by filing:
A petition under Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (which replaced Section 125 CrPC), or
If your marriage is legally recognized under Muslim personal law, you may also have remedies under the relevant personal law, depending on the facts.
The court can direct the father to pay monthly maintenance based on:
His income and earning capacity in the USA.
Your daughter's educational, medical, and daily living expenses.
Even if he lives abroad, the Indian court can proceed with the case after proper service of notice.
2. Domestic Violence
If you suffered domestic violence before returning to India, you may file an application under the Protection of Women from Domestic Violence Act, 2005 seeking:
Monetary relief.
Compensation for domestic violence.
Residence-related reliefs (where applicable).
Protection orders.
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Adv. Shubham Agarwal
Adv. Shubham Agarwal
Howrah | 50+ Answers
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Based on the facts stated, you have legal remedies in India even if your husband is presently residing in the USA. Since your daughter is a minor and has been neglected for several years, you can file a petition for maintenance on behalf of your daughter before the competent Family Court in India. You may also initiate proceedings under the Protection of Women from Domestic Violence Act, 2005, seeking monetary relief, compensation, and other appropriate reliefs, subject to maintainability on the facts. If the marriage was legally valid under the applicable law, you may also explore appropriate matrimonial remedies, including divorce, if you so desire. If your husband is avoiding the proceedings, the court can issue summons through the prescribed legal process, including international service where applicable. Preserve all emails, messages, proof of marriage, your daughter's birth certificate, medical records, and any evidence of domestic violence and non-payment of maintenance. These documents will be crucial in establishing your case. A detailed examination of the marriage documents, the place of marriage, applicable personal law, and your husband's current status in the USA is necessary before deciding the most effective legal strategy.
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Adv. Atanu Patra
Adv. Atanu Patra
Kolkata | 50+ Answers
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there is a way in which you can achieve maintenance and your husband will also get to come to his roots so that he will pay maintenance and you will also get proper remedy we need to discuss in detail
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Adv. Aveek Bose
Adv. Aveek Bose
Kolkata | 1000+ Answers
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