Can I claim maintenance from my husband for my child without divorce
11-Dec-2023 (In Family Law)
I'm private employee, my husband is govt employee. My husband is not giving any money for our meintance. Can i claim maintenace from him for my son with out taking divorce?
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.
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.
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