What is the legality of asking for more maintenance if wife is workin
11-Aug-2023 (In Divorce Law)
I'm a 38 Yrs lady, with two girl children of aged 13 Yrs and 10 Yrs. Both myself and my husband are in Govt.service. It is submitted that I had been awarded divorce as ex-parte from my husband in 2010. Deed of compromise is made in the year 2012.My daughters are living with me.I'm the bread winner for my family now. Of course, in that horrible situation , I had signed in the deed of compromise and got one time settlement from my husband. Now I'm facing more day to day challenges to bring up my kids and for their education. So I want further maintenance from my husband to fulfil the need of my family. I'm not get married further. But my husband got married recently. In view of the above facts, I would like to know that whether I'm eligible for file a new case claiming maintenance from my husband. Seeking for your valuable advice at the earliest please.with regards.
Hello madam,
Deed of compromise executed between you and Ur husband is not valid it's just an understanding deed,in case if done through court of law means it get valid ....so now we can proceed to file case for further maintaining Ur family in day to today expensives
Deed of compromise executed between you and Ur husband is not valid it's just an understanding deed,in case if done through court of law means it get valid ....so now we can proceed to file case for further maintaining Ur family in day to today expensives
You cannot file maintenance case against your husband seeking maintenance for yourself.But you can file maintenance petition for your daughters. Though the husband and wife relationship might have broke down but the relationship between father and daughter still subsist. It the duty upon the father to maintain the daughters even after getting the divorce decree.
if you are working you cannot claim maintenance but you can ask for your childs education residence health and for decent living. the child are eligible for maintenance. and your kids can claim maintenance for themselves.
What is the Deed of Compromise signed by you? Did you obtain divorce by mutual consent? I will have to read the contents of both these documents. If there is any loophole, then we can file a fresh petition for maintenance on behalf of the two minor daughters. The wordings in the said documents will make a lot of difference. If you are in Chennai and need any further assistance then you can contact me.
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