Legal advice on issues going on between husband and wife
06-Jun-2023 (In Family Law)
Hi
One of my relative is having serious issues with her husband. He is not ready to take the responsibility of his child and wife. He is physically/mentally abusing her for the last year or so. We would like to know is there any way in which she can ask for maintenance from her husband without getting divorced. If yes do let us know the steps
sir to get maintenance without divorce you have to file case case under section 125 Cr. P. C. before the Family Court. In maintenance case you can also claim maintenance for your child as well. maintenance amount is dependent upon the income of your husband. you can also claim maintenance in domestic violence case.
A wife has a right alonwith her minor child to be maintain by her husband. If she chooses to file maintenance application under section 125 cr.p.c. then it is not necessary to file divorce. In this view it is advised that file an application under section 125 cr.p.c. which provides speedy process of maintenance.
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