quesIn laws not taking me back can I claim maintenance

I am working women..i have 1 year old baby girl child.from girl's birth time my husband did not come to my parents to take me back to their home.can i claim maintaince from my in laws family..my husband did not do anything.he totally dependent on his parents..can i apply kaintaincr for me or my baby..plz.guide

  • ansYes you can seek maintenance for you and for your baby girl (daughter) but only from your husband but not from ur in-laws. The maintenance will be assessed on the basis of your husband and your income.

    Advocate Abhay Singhal

      Opposite New Subji Mandi, Jind

  • ansonce you are working and your husband is not working, you cannot claim amount of maintenance from your husband. However, you can file a claim in the name of your daughter from her father. if he is not earning but still you can file claim against her. there is no provision of claiming maintenance from your in-laws.

    Advocate Devender Kumar Kataria

      Sector - 30, Gurgaon

  • ansYou have mentioned you are working women, so i would assuming you are earning enough for yourself. so in the present case you cannot claim for yourself but you can definitely claim expenses for your daughter from your husband . and if your willing to co-reside then file for restitution of conjugal rights

    you cannot directly claim from your father in law as long as your husband is there. even though your husband might be dependent upon his parents but is his job to look after the family. (even if he has to work as laborer) . on failure to pay he can be sentenced to prison. then you father in law will pay to keep him out of prison.

    Advocate Pratik Duhan

      District Court, Panipat

  • ansThe law of maintenance says that approximately 1/3rd of the net salary of the husband is given to wife as maintenance, as your case is concerned you are working women and your husband is earning nothing and dependant on his parents do court shall assume as worker and assume his earning as Rs. 9000/- per month approx.. And out of which you are entitled for Rs. 3000/- but as you are working so very meagre chance of getting maintenance.

    Advocate Rohit Malhan

      District Court, Hisar

  • ansYes u can file case for maintenance under section 12 of DC act and 125 of crpc for you and your baby. Firstly where are u serving it’s important in private sector or govt job. There are lot of provisions in your favour.

    Advocate Lalit Goyat

      District Court Complex, Hisar

  • 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 Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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