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Maintenance related contested divorce in process


24-Jan-2023 (In Divorce Law)
What is maintenance and what is interim maintenance ? Are both different? Do we need 2 file different cases ?
Answers (17)


LawRato

Answer #1
537 votes
In every matrimonial cases the husband is compulsorily ordered to give the maintenance to her wife and children. Since there’s a huge gap between both of your salary you are entitled for a good maintenance.
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Answer #2
696 votes
Yes you can move an application for maintenance in the same pending matter and the court can grant you maintenance for yourself as well as for the kid. For any further legal assistance please feel free to contact Thanks
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Answer #3
530 votes
Yes, divorce case is separate issue, meanwhile you and your kids are entitled for maintenance... during the proceedings income affidavit have to be filed by both the parties.. according to this, Hon,ble court will decide the maintenance... before completion of proceedings at the initial stage of this case Hon,ble court set the maintenance as interim.
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Answer #4
582 votes
Yes of course. Rather first you should claim maintenance for yourself and your child from your husband and only then the divorce proceedings should proceed. First thing should be the welfare of child and only then the divorce proceedings should go ahead.
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Answer #5
952 votes
hello mam as i can see your issue is really very much important for you been the mother of child its really a concern so in this matter i think we can help you in this matter . you will get your child visitation right properly for sure. no need to worry .
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Answer #6
975 votes
Yes you are well within your rights to initiate a maintenance petition separately and claim maintenance for your kid and yourself. It is a settled law that both parents are legally bound to maintain the child. You may contact for detailed consultation
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Answer #7
874 votes
you can definitely claim maintenance of the child. I'm surprised why you didn't raise the issue while filing for divorce. as per Hindu laws, the father is obligated to maintain the child. for any further advice, you can contact me.
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Answer #8
945 votes
You question is that your husband’s salary is 3L n yours is 39k n your divorce is in process …now can u claim maintenance from your husband? Yes you can take maintenance from the court under section 125 CrPC or DV …but make sure u do proper home work before urging to the court for your current salary expenses .. b in touch
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Answer #9
736 votes
yes surely u can claim maintenance for your child and his well being ..you can claim more than 50000 from the court..and as well from the time you are separated you can claim a lump sum amout as well ..
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Answer #10
699 votes
you can file for maintenance at any time. the pending of a case doesn't matter. your husband is liable to give you at least 50% of his lifestyle to you and your son. you have a stronger case as you have a minor child. for further query you can contact me.
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Answer #11
668 votes
Even if you are doing a job and your husband is earning more handsome than you in that case you can see maintenance from him there is no bar you can fight maintenance under section 125 CRPC or there are other provisions of domestic violence act so it for more details you can contact our office thank you
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Answer #12
540 votes
Hello Good evening I'm advocate Vivek Mishra well maintaince is which husband has to pay to his wife whic is described by court for futher more query kindly contact me so that I can elaborate you in proper manner thank you
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Answer #13
981 votes
dear client as per your query maintenance is under section 125 which can be claimed at any point of time and interim maintenance is if you are claiming in section 9 or 13 you can claim under section 24 of Hindu marriage act but it's the discretion of the court for future reference please contact us for paid consultation.
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Answer #14
609 votes
Interim Maintenance is demanding the maintenance during the pendency of your suit (pendente lite). You must have filed a Domestic Violence case demanding interim maintenance arising out of the DV Act. You can file for maintenance under Section 125 CRPC (which is asking for final maintenance). Yes, it is a different case.
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Answer #15
853 votes
I am an advocate for Delhi Police and would clarify if you’re facing either of the case. Interim maintenance is only a temporary arrangement of alimony given to the wife and it had to be contested and amount is to be reduced so that husband is not suffered at the hands of wife.
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Answer #16
628 votes
Hindu marriage act under section 24 & 25 , maintenance and interim maintenance. In any proceedings under the Hindu Marriage Act 1955, it appears that either the wife or husband as the case may be has no independent income for her or his support and necessary expenses for proceedings, it may on the application of the wife or husband order the respondent to pay the sum or proceeding expenses as per ...
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Answer #17
607 votes
You can file a maintenance case against your husband on the behalf of yourself and your child .He have to pay the maintenance from the first hearing of your case in the court . The court will decide your maintenance amount as per income of your husband . Also you can file different case under provision of law against your husband.
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