Need To File Case For Maintenance Of Child

Question

Need To File Case For Maintenance Of Child

22-Oct-2023 (In Divorce Law)

Separated for 4 years,need to file maintenance case for daughter, child custody and domestic violence

Answers (5)

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Adv. Anubha Adv. Anubha

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Advocate D. Khan LawRato · Accepted Answer · 2022-10-22T11:33:22+05:30

Answer #2

You need to hire an advocate and file Domestic Violence case. Victim can ask for 5 reliefs:- 1. Monetary Relief 2. Compensation Order 3. Residence Order 4. Custody Order 5. Protection Order Kindly b in touch Thanks

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Adv. D. Khan Adv. D. Khan

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2022-10-22T11:34:28+05:30

Answer #3

Would require better particulars as to the current marital status. Are you divorced Or separated on your own Or its a judicial separation Would need to understand the expenses you are bearing for maintaining your daughter And your income status. You may contact And discuss with better particulars. Legal Help of all sorts will be provided

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Adv. Anubhav Kathuria Adv. Anubhav Kathuria

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Advocate Khalid Akhtar LawRato · Accepted Answer · 2022-10-22T14:45:41+05:30

Answer #4

Greetings to you. What we also need to understand is that during your period of separation for 4 years, was the child with you? Did you lodge any complaint with regards to domestic abuses during your cohabitation days or any complaints there after until today? All cases can be filed and pursued, not a big deal but what we need to understand in order to get things in our favor is the nature of evidences. It would be best if we could schedule a further discussion on it. Regards.

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Adv. Khalid Akhtar Adv. Khalid Akhtar

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LawRato LawRato · Accepted Answer · 2022-10-23T22:10:14+05:30

firstly you need to file a petition via an advocate for domestic violence and maintenance for yourself and for your daughter as well I am assuming the daughter is already with you then as per the law you can get at least one third of your husband net intake earning as the maintenance as per section 125 of CRPC. it will took a while to get started your maintenance and once it started it will be retrospective effect that means you will get the amount started from the date you separated from your husband for example if court orders 10000 rupees per month of maintenance for you and your daughter then the 10000 amount will be started for back from the day which you have separated from your husband to till date he need to make the payment clear the dues first and then on every month by the time the case will go he need to make the payment on monthly basis as a maintenance