Can I claim maintenance from my husband for my child without divorce

854 votes

Yes you have a right to maintenance, you can as well claim maintenance from your husband who is a govermnet employee first without actually going for divorce.So u can file the case in the court that comes under your jurisdiction.

Advocate Radhasri LawRato

506 votes

Yes, you can claim maintenance from your husband without filing for divorce for you and you child. You can file a maintenance petition under 125 of Cr.P.C. But it depends upon your husband income too.

LawRato LawRato

640 votes

Yes you can claim maintenance from your husband for that you have to file maintenance under section 125 CRPC and he being a government employee has to pay maintenance for taking care of his son and wife.

Advocate Rekha Kumari LawRato

717 votes

Madam,

Yes. You can claim maintenance from your husband for yourself and your son (if your son is minor) without filing for divorce. File a petition for maintenance under Section 125 Cr.P.C in the family court of jurisdiction where you are presently living by submitting the proof of your husband's income along with the petition. The court will issue summons to your husband to appear before it and contest the case. If he comes and contests, the maintenance will be awarded after hearing from both the sides, but, if your husband doesn't appear before the court even after receiving the court notice, the court will set him ex-parte and pass an order for maintenance in your favor. Apart from this, you can also file domestic violence case against your husband in the jurisdictional magistrate court and claim maintenance ( interim as well as permanent alimony) for yourself and your son(if he is minor). Hope this information helps.

Advocate B. Srikiran LawRato

644 votes

Hi
You can file for maintenance u/s 125 Cr.P.C for and on behalf of your minor son.
It is not necessary to file for divorce in order to claim maintenance u/s125 Cr.P.C given that the husband is not taking care of the welfare and well being of the child.

Advocate Rajagopalan LawRato