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Need assistance for maintenance issue for myself and kids
04-Oct-2023 (In Divorce Law)
I am married for more than 10 years and now I want seperation from my husband.i am govt teacher with monthly income of 1 Lac per month and my husband earns 10 Lac per month and employed with private firm.i want seperation from my husband so I need to know will I get maintenance for my self and my 2 kids, one boy in 7th class and girl in 2nd class.my kids go to good school and lead a decent lifestyle.Will custody be an issue.
Respected madam
you want to know about the maintenance for your self and two your kids .yes you can gat the maintenance from her husband if you're husband income are execs from you you have a right to file the case.
Helpful?
Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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I have perused the contents of your query and would advise you as follows: Yes you can file a petition under section 125 Crpc and claim maintenance for your kids if not for you being a working women. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Ma'am maintenance claim is based on the omission of father/husband to maintain the children and wife. while awarding maintenance, the lifestyle enjoyed in the matrimonial home is considered, therefore you can establish that you expenses are in excess of your income. Court will consider the income and expenditure of both parties for grant of maintenance. once you start the proceedings with under section 125 Code of criminal procedure or Domestic Violence Act, interm maintenance will be granted at the initial stage which may be 1/3 to 1/5 part of the husband's salary.
Once you start legal proceedings, they are always chances of divorce and custody proceedings being filed by the husband to counter/ harass you.
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Adv. Sanjana Antil
Delhi | 25+ 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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