Need maintainance whille living separately

Question

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)

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Advocate Amit Pandey LawRato · Accepted Answer · 2025-08-07T23:11:03+05:30

Answer #1

as your query you want to live separate from your husband and also want a maintenance amount from your husband for upbringing your child. you have to file a case against your husband for maintenance thereafter court will award the maintenance to you and your child

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Adv. Amit Pandey Adv. Amit Pandey

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Advocate Aishwarya Panday LawRato · Accepted Answer · 2025-08-08T01:21:56+05:30

Answer #2

Conclusion & Legal Strategy You should immediately: 1. Consult a family lawyer and file: • Maintenance petition (under CrPC/BNS) • DV complaint (for protection and support) 2. Seek interim orders quickly for child’s monthly maintenance 3. Collect proof of abuse, addiction, neglect to strengthen your case

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Adv. Aishwarya Panday Adv. Aishwarya Panday

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Advocate Spiti Sarkar LawRato · Accepted Answer · 2025-08-08T16:29:47+05:30

Answer #3

you can apply under 125 crpc under the maintenance act for interim and permanent injunction you need to be claiming maintenance which involves 1/4 of the monthly salary of your husband you and he need to file itrs

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Adv. Spiti Sarkar Adv. Spiti Sarkar

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Advocate Saurabh Mani LawRato · Accepted Answer · 2025-08-09T08:06:24+05:30

Answer #4

yes you can file maintenance under section 144 of maintenance bnss and you have another option under section 12 of domestic violence act they said provide facility residential monitory and also other kind of a maintenance including child custody residential allowance and other things so I would like to suggest to Candy proceed it

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Adv. Saurabh Mani Adv. Saurabh Mani

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Advocate Faisal Ashfaq LawRato · Accepted Answer · 2025-08-09T19:58:38+05:30

Answer #5

as per the facts stated here by you that your husband is negligent towards your and the child's care, and he is a heavy drinker and smoker. Your decision to live separately seems to be earnest. If you wish to claim for the maintenance for you and the child, then certainly the court can grant you the abovesaid relief. Thus, you need to get in touch with an advocate who is experienced in handling family matters and have a proper and deep consultation. You must not delay in taking the legal course of action otherwise that could weaken your case. Good Luck.

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Adv. Faisal Ashfaq Adv. Faisal Ashfaq

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