Regarding the position of lawful Maintenance and child support


I m hindu.i m live separate from husband as he asked us to leave the house and deserted me n my kids.My kids are born from a donor through IVF.I gv birth to twin girls who are 3 yrs old now.i m working in Hyderabad for a salary of 37k per month.It is difficult for me to tk cr of my kids in future.My husband did not disclose his salary to me but he is earning more than me in Bangalore.He has only 1 dependant who is old mother.i don't want to go back to him as he is planning to remarry and move on.I don't trust him because he has not taken care of my kids till now.I want maintenance and child support from him without filing for divorce.can I knw wht will be the legal expenses and chances of me getting child support.I need to save money for my two kids for Thier marriage and education.It is difficult for me to save money with my current salary.whereas my husband earns more than 50k but I don't hv any proof.My husband has stopped responding to my calls and texts.How do I proceed with case

Answers (3)


307 votes

HI
you can either file for maintenance under Section 125 Cr.P.C or file maintenance under Section 20(1)(d) of the DV Act, Since you are requesting for maintenance for your kids, Section 125 Cr.P.C is preferred
Court fees for filing a maintenance petition is Rs10-/-
Lawyer's( a lawyer with 2-4 year experience) professional fees should vary from 25000 to 60000.


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165 votes

Dear Client,
You will have to file a petition for maintenance for you and your two kids from your husband. Why do you prefer donor for giving birth. Whether your husband is not having capacity/medically to fit to give birth to children. Whether your husband consented for the IVF birth of children. If so you must put all the evidence before court for grant of maintenance. You must engage an expert advocate who has been dealing in cases of family matters. You need not give your consent for divorce. If your husband files petition for grant of divorce, you can resist the same. Courts will see your cost of living, inflation, necessities, educational expenses, medical expenses, other expenses and social status as wife, if you were in his house as the wife of your husband and grant maintenance to you and your kids after considering your earning. Act as expeditiously as possible. Take expert legal advise. Don`t delay the matter.

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Hello Madam, I am Geeta, Advocate, you can file Maintenance Petition seeking maintenance from your husband without filing the petition for divorce, it is the legal obligation on your husband part to maintain you and also the children even though you are doing job and earning also.

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