LawRato

Need maintainance whille living separately


07-Aug-2025 (In Divorce Law)
Due to ongoing mental and physical abuse, harassment, and my husband's addiction to alcohol and smoking, along with his complete negligence towards our child’s care and responsibilities, I have decided to live separately with my child. I seek monthly maintenance from him for the upbringing and well-being of the child.
Answers (5)

Answer #1
762 votes
Thank you for sharing your concern. Based on the facts provided, you have valid legal remedies. You can initiate proceedings under Section 125 CrPC to seek monthly maintenance for yourself and your child. Additionally, you may consider filing a petition under the Protection of Women from Domestic Violence Act, 2005, to seek protection, residence orders, and maintenance. The facts also suggest grounds for divorce under cruelty as per Section 13 of the Hindu Marriage Act, if applicable. We can assist you in drafting and filing the necessary applications in the appropriate court to safeguard your and your child’s rights. Please connect for a detailed consultation.
Helpful? LawRato LawRato
Advocate Lalit Kumar

Adv. Lalit Kumar

LawRato Greater Noida | 50+ Answers
Chat with Advocate Lalit Kumar Chat 
Answer #2
786 votes
1 CrPC Section 125 File for child maintenance through Magistrate’s Court 2 HAMA (if Hindu law applies) Seek maintenance using personal law provisions 3 PWDV Act, 2005 File for protection and maintenance if there’s domestic violence 4 Women’s Commission / Mediation Explore alternative resolution for faster interim support
Helpful? LawRato LawRato
Advocate Aishwarya Panday

Adv. Aishwarya Panday

LawRatoLucknow | 100+ Answers
Chat with Advocate Aishwarya Panday Chat 
Answer #3
581 votes
yes , it is easy. you can claim maintenance under section 144 bnss. for this abuse, you can file complaint in dv act and aslo get maintenance in this case .apart from maintenance, you can apply for other reliefs with this proceedings
Helpful? LawRato LawRato
Advocate Ajay Kumar Kashyap

Adv. Ajay Kumar Kashyap

LawRatoAllahabad | 50+ Answers
Chat with Advocate Ajay Kumar Kashyap Chat 
Answer #4
965 votes
yes file case under section 10 of hindu marriage act, describe your issue there in the application and get decree, apply for maintenance, for more details contact me Ranjeet Sonker Advocate High court
Helpful? LawRato LawRato
Advocate Ranjeet Sonker

Adv. Ranjeet Sonker

LawRatoAllahabad | 100+ Answers
Chat with Advocate Ranjeet Sonker Chat 
Answer #5
769 votes
yes mam you can file a maintenance under section 144 abhi NSS and you have option another option also in under section 12 aap TV Act both Har both are eligible for maintenance and under section 12 of DB at also provide facility to maintain your maintenance provide residential and child custody and also for medical and monetary relieve this is one of the best section for all and overall to women so I like to suggest you Candy proceed
Helpful? LawRato LawRato
Advocate Saurabh Mani

Adv. Saurabh Mani

LawRatoMau | 100+ Answers
Chat with Advocate Saurabh Mani Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato