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How to file maintenance case against husband
20-Apr-2023 (In Family Law)
Sir my name is visalakshi on Feb11- 2016 my marriage was done with Prasad.he is working in a software company as group manager.After 3 months I got pregnancy.he said what we enjoyed now,let wait for one year,I was convinced with his words.and agreed for abortion.after the abortion I observed change in his behaviour like shouting,beating like this.l said this is the problem to my parents.on that next day I came back with my parents.my parents and me want to give police complaint against him.how can I proceed now?I want to put maintenance case on him.is his salary is 1.2 lakh per month.how much amount I can get sir?But his version is to make settlement.now in which way I have to proceed.help me sir.
HI
Forcing the wife to get aborted tantamounts to cruelty and is an offence under domestic violence act.
So hopefully you have the hospital records of Medically terminated pregnancy with you.
You can file a maintenance case either under Domestic violence act or under Section 125 Cr.P.C.
in general, you are entitled to 50% of his net take home salary as maintenance.
Forcing the wife to get aborted tantamounts to cruelty and is an offence under domestic violence act.
So hopefully you have the hospital records of Medically terminated pregnancy with you.
You can file a maintenance case either under Domestic violence act or under Section 125 Cr.P.C.
in general, you are entitled to 50% of his net take home salary as maintenance.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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What are the stages in maintenance case?
Step-II: The Family Court examines the complaint and notifies the husband against whom the wife has filed the complaint. STEP-III : In all cases in Delhi, the parties are ordered to appear at the court to be reconciled. The court will make every effort to do so.
How do I file a maintenance case?
Drafting the Petition - Start by preparing an in-depth petition that outlines your claim for maintenance. ...
The petition must be filed with the court as indicated above. Include the number of copies required and any court fees.
How long will maintenance case take?
According to the third proviso of Section 125 of the CrPC, it states that the proceeding for interim maintenance must be resolved within a time frame of 60 days.
How maintenance is decided by court?
If there is only one child, and no other dependents, then the wife and child would both be entitled to u00bd percent of his salary. The formula can continue indefinitely and is the easiest way to determine maintenance. If the wife earns, then the same formula may be used to divide the income between the two parties.
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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