How to file for maintenance on the grounds of dessertion by husband

548 votes

You file for divorce and alongwith that claim interim maintenance. Grounds for divorce should be adultery and cruelty (both mental and physical). In addition to this, you must also file a custody suit for the custody of your children.

Advocate Kushagra Pandey LawRato

710 votes

You may file a petition under Section 125 of the Criminal procedure Code ( in short Cr.P C) claiming maintenance in favour of yourself as well as your son by moving a petition before the Magistrate Court of the area where you last lived with your husband or living at present.
Proof of marriage if possible,. Documents to show proof of employment of husband and his earnings as well as his place of residence will be required but you may file petition without them as well.
You will have to substantiate your expenses to some extent.

Advocate Pravin Sharma LawRato

688 votes

Mam, maintenance/alimony is the sole right of married girl. Mam as you have a child too and your husband is running from his responsibility so file the maintenance against him under 125 crpc. He will be forced by the court to maintain you and your child. You just need to give income affidavit, your husband's present address and his income proof of any. In case he is not earning a penny still he has to give you minimum alimony as fixed by the court.
Any help in regard to filing and litigation on your behalf your are heartfully welcome to contact me on your behalf.
Best wishes

Advocate Salil Tripathi LawRato

958 votes

For what you want to proceed? For divorce and for maintenance both or only for maintenance?
For maintenance, you may file a case under Section 125 of Criminal Procedure Code, for yourself ( if you are not working or your income is nominal in comparison to your husband's income ) and for your child. In fact, you should have done this, when your husband left you.
If you want a divorce, you may file a case for divorce on the ground of desertion and cruelty. While filing divorce, you may also file an application along with divorce case, for maintenance for yourself and for your child.You may also claim litigation expenses while filing divorce proceedings.

Advocate Shashi Kiran LawRato

648 votes

To, Dated :11.09.2017
Dear Madam,

Sub: Legal opinion regarding the query dated 07.09.2017.


Dear Madam,

The provision of Section 9,10,13 14, 23, 24 and 25 of HMA Acts 1955 and old section 488 Cr.P.C. (New Section 125 Cr.P.C.) constitute one system of law and part of a single scheme or of the same legislative plan (Sadhu Ram Versus Nathu Dass AIR 1961 Punjab 191).

That you can file petition under section 125 Cr.P.C. for maintenance against your husband/Respondent. In this Section 125 Cr.P.C. if your husband/Respondent has sufficient means neglect or refuse to maintenance:-

a). You are, unable to maintain yourself or

b). Your legitimate or illegitimate minor child whether married not unable to maintain itself.

c). Your legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or.

d). Your father or mother, unable to maintain himself or herself.

That section 126 of Cr.P.C. provide the procedure for the maintenance. You can file the petition U/s 125 Cr.P.C. taken against your husband in any District:-

a). Where he is, or

b). Where he is or your are resides, or

c). Where he last reside with you or as the case may be with the mother of the legitimate child.

It also submit that we are agree as on your terms and conditions as per the professional visit dated Nil. It is further submit that we have to requires the following documents for court proceeding as well as further proceedings:-

1. Signed Vakalatnama

2. 4 Marriage photographs of Petitioner and Respondents (Postcard Size)

3. 6 Passport size photographs of Petitioner.

4. 4 passport size photographs of the children of the Petitioner.

5. Marriage Card or any marriage proof, If any.

6. I.D. proof of the Petitioner and her childrens.
(Aadhar Card/DL/Passport/Voter I.D./ Date of birth certificate, school I.D. card etc.) if any.

7. Any criminal and civil complaint pending before appropriate authority, if any.

8. Income proof the spouse/husband as Respondents.

9. Any relevant documents/correspondence/ proof relevant incident, if any.

10. You can also brief day to day incident from the date of marriage.

KINDLY TAKE NECESSARY/URGENT ACTION.
Copy kept.
With regard.


Regards

Advocate Rama Kant Kashyap LawRato