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Maintenance in case of separation without divorce


26-Feb-2023 (In Divorce Law)
I have been married for 8 years. I was working when we got married but have been unemployed since the last 5.5 years. I have a flat in my name in Mumbai (bought by my salary). We were earlier living there but have shifted cities and hence living on rent now. My husband wants to live separately without getting a divorce. I will go back to Mumbai in case we go ahead with the decision to live separately. Is there a fixed percentage of his salary that I can get as maintenance? What other financial obligations would he have towards me? Also he has a bought an under construction flat in his name - would I have any right to that? We had a court marriage in Mumbai as per Hindu Marriage Act in 2014.
Answers (3)

Answer #1
581 votes
You may claim maintenance from your husband for you and children. but your husband may contest it and may provide proof that you are able to maintain yourself and therefore you don't need maintenance amount
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

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Answer #2
779 votes
Hello, maintenance for wife when she is left in destitute conditions is a legal right against her husband, your husband is earning through his salary out of which you will get at least 1/3rd portion as maintenance depending upon proofs of income and assets filed by both parties
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Advocate Harshad Garud

Adv. Harshad Garud

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Answer #3
920 votes
Dear Queriest, as per your query you have mentioned that you both want to live separately without divorce and you want to claim maintenance for the same, the chances are more but what percentage of income will only be decided by the Honble court seeing the circumstances of the case. for more information in detail please get connected through whatsapp and call.
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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