LawRato

How can i file for maintenance from husband ?


10-May-2023 (In Family Law)
Im a house wife with two kids ,my husband is a tailor and owns his readymade garment business too but refuse to takr responsibilty of my children,their education and monthly expenditure..since marriage he is living in my brother's house and still living and running a shop ,that too belong to my brother but never pay any bills,take least interest in childrens affairs like education and other matters..Though he earns monthly a hansome money but never take any responsibilty of family..my mother,brother or sisters help me and when demand for the maintenence he abuse,he torture mentally,threatens to murder and so on .. He is living in my parents house,using everything ,he owns nothing.. My question..how can i file a case against him and where?
Answers (4)

Answer #1
983 votes
Hi
You can file a case against your husband under domestic violence act and claim under section 24 of Domestic violence act.
As such he is enjoying the benefits of your parent's house and also the shop that belongs to your brother.
Technically he should pay rent to your parents and also pay usage charges to your brother for earning his income from your brother's shop.
As such you should demand from your husband to part with remainder of salary(after paying rent and usage charges etc) for the purpose of your (wife) and children food, clothes, education and medical expenses.
Answer #2
708 votes
u may file maintainence case against your husband in your local court seeking maintanenace to you and ur children and aprt from that you will initiate criminal proceedings against him in court of law for the harassment made by him.
Answer #3
998 votes
Madam,

You can file maintenance case against your husband for claiming monthly maintenance for yourself and your kids in the family court of the jurisdiction where you are presently residing. Engage a lawyer and proceed further. Please feel free to contact me if you need my services as I am a family court lawyer practicing in Hyderabad.
Answer #4
718 votes
Dear Client,
You are saying that your husband has been living and doing business in your brother`s house and neglecting to look after you and children. Take legal action for maintenance for you and your children by filing a petition in a court by engaging an advocate. Your brother can file a civil suit for recovery of property by engaging a civil advocate to eject from the premises. First negotiate with him for giving maintenance. If he did not heed to your words then take the help of mediators and well wishers and parents. If he threatens then file a criminal complaint in a police station without seeing that he is your husband. Take necessary legal help by engaging and expert advocate. Even both are in the same house you can file a complaint, criminal case or maintenance case against your husband.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."