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maintenance while staying separate without legalized


16-Dec-2025 (In Divorce Law)
Hindu wife, no child, separated (Not judicial) since 4 years, left his house due to neglect, bodyshaming n indirect constant bad behaviour. No legal case filed till now. If I m living separate, unemployed due to less to no work in my field, can I claim maintenance and still stay separate?? How? And what can husband respond legally if he does not want to do that?
Answers (2)

Answer #1
933 votes
Since you have been living separately from your husband for the past four years without obtaining judicial separation or divorce, and during this period you have been subjected to body shaming and oral abuse by him, such conduct clearly amounts to mental and emotional cruelty under law. You are entitled to initiate legal proceedings under the Protection of Women from Domestic Violence Act, 2005 for mental harassment and emotional abuse. Additionally, you may file a petition for divorce on the ground of cruelty. Considering that you are currently unemployed, you also have the right to seek maintenance from your husband by filing an appropriate application along with the above proceedings
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Advocate Pooja Yadav

Adv. Pooja Yadav

LawRato Mumbai | 25+ Answers
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Answer #2
646 votes
Yes. A Hindu wife can live separately and still claim maintenance under Section 125 CrPC or Section 24 HMA if unable to maintain herself. Separation due to cruelty/neglect is justified. Husband may contest by alleging desertion or wife’s earning capacity.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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