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How to file a suit for maintenance


16-Jul-2023 (In Family Law)
What is the process for kharcha to the wife from husband before divorce according to the Hindu family law.because the husband is not want to do work and always in drunked position.she has a daughter also of two years also plz suggest me
Answers (4)

Answer #1
987 votes
dear queryist you should first of all file a case under The Protection of Women from Domestic Violence Act, 2005 and in the same you can demand for the maintenance for you and the child and for her education.
Answer #2
649 votes
If the husband not working it won't be so easy to get easily order for maintenance for wife and daughter however the maintenance can be sought for both under section 125 CrPC if no divorce case pending in the Family Court. If a divorce case is pending the wife can ask for maintenance for herself under section 24 and for daughter under 26 of the Hindu Marriage Act, 1955 for Hindu divorce case pending under section 13 of the HMA.
Answer #3
880 votes
Hi
You can file a petition for maintenance under section 125 of Crpc for claiming maintenance for yourself and your children. You will get a monthly allowance from your husband with regard to the maintenance
Answer #4
582 votes
As per our Hindu Law, every wife can claim maintenance from her husband for herself and for her kids, if her husband refused to do so, by filing a complaint in the court Under Section 125 Cr.P.C. and it is the liability of the husband to maintain them both.

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.

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