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Can a girl ask for maintenance if husbands files for divorce
17-Sep-2023 (In Family Law)
legal question Respected sir/mam Meri shadi 2 saal pahle hui,shadi ke 1st day se Lekar poore Ek saal tak mere husband ne iss marriage jo consumate nahi kiya Jab Bhi pucha to hamesha taal dete the,Although he is physically fit ,last Ek saal se wo mujhe chordkar chale gaye so my marriage has never been conducted due to his willful refusal ... He wants divorce but I don't want now he is planning to file for divorce sir Kya main maintanence ke liye claim Kar sakti hoon.. Kisi ne mujhe bataya hai ki apki marriage consumate nahi hui to mujhe maintanence nahi milega lakin Aisa ku .. Sir mere sath bahut cruelty hui hai please mere legal right mujhe bataye ,,unhone soch samajh Kar intentionaly divorce ka ground khud ke liye ready kiya hai pls suggest me what should I do...
Of course you can claim maintenance being legally wedded wife and consummation of marriage does not matter here. If ur husband has filed divorce, u can file an application on that court itself to give you maintenance till court proceedings continue. Further you can also file a separate case for maintenance and also a case for domestic violence where you will be given maintenance, compensation, residence n protection
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Adv. Aprajita Mishra
Delhi | 25+ Answers
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As you explained the entire situation that your husband has left you and your marriage has not been consummated although he is physically fit. Also you said that you have treated with cruelty but what kind of cruelty and by whom i.e. whether you were treated with cruelty both by your husband and in-laws. Yes you can claim for maintenance even when your marriage has not been consummated. It also depends upon the financial condition and earning capacity of the female. In order to provide you an effective legal opinion, we need to have a detailed discussion of your case.
Thanks.
Thanks.
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Adv. Megha Kain
Delhi | 25+ Answers
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Dear Ma'am
As far as intentionally living apart is concerned it can be easily tackled by a Section 9 Petition of Restitution of Conjugal Rights. Which means the court may direct your husband to live with you (Court aapke pati ko aapke saath rehne ka aadesh de sakti Section 9 ke taht). This also demolishes his claim that marriage was not consummated because you are willing to live with him.
Yes you can also claim maintenance under Section 125 CrPc. The factum of consummation of marriage is to be decided by the court till then you can get interim maintenance. (aapko maintenance mil sakta hai 125 ke tahat)
Warm Regards
As far as intentionally living apart is concerned it can be easily tackled by a Section 9 Petition of Restitution of Conjugal Rights. Which means the court may direct your husband to live with you (Court aapke pati ko aapke saath rehne ka aadesh de sakti Section 9 ke taht). This also demolishes his claim that marriage was not consummated because you are willing to live with him.
Yes you can also claim maintenance under Section 125 CrPc. The factum of consummation of marriage is to be decided by the court till then you can get interim maintenance. (aapko maintenance mil sakta hai 125 ke tahat)
Warm Regards
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Adv. Ambanshu Sahni
Chandigarh | 25+ Answers
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hi
agar aap chati ho to aap apne husband pe maintanence ka case dal sakti ho jis mai ke court aapki help karega aap ko maintanence jarur milega agar aap ko hamari koi help chahiye to aap hum se bhi smapark kar sakte ho
agar aap chati ho to aap apne husband pe maintanence ka case dal sakti ho jis mai ke court aapki help karega aap ko maintanence jarur milega agar aap ko hamari koi help chahiye to aap hum se bhi smapark kar sakte ho
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Adv. Sandeep Kadian
Jhajjar | 25+ Answers
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