Maintenance for child living separately with mother

680 votes

Definitely the wife can claim maintenance support for minor child from his father also she can claim maintenance for herself if she's not having sufficient means to maintain herself. Even if the wife working but not having sufficient means to maintain herself and child can file petition under section 125 Cr. P. C against the husband for maintenance for both herself and child.

LawRato LawRato

910 votes

Yes. . Even without filing a divorce petition you can claim maintenance for your child as well as for yourself from your husband under criminal procedure code but you must have a genuine and proper reason for living seperately from your husband.

Advocate Nikhil Gupta LawRato

792 votes

Greetings,
Yes, It's child's legal right to get maintenance from parents to fulfill his/her basic rights. If mother is also not earning or have very nominal earnings and is dependent then you also can apply for maintenance under section 125 CRPC.

Advocate Ranjana Dhupar LawRato

700 votes

Dear querist,
1. Yes. You can claim for yourself and son both. In your petition, you have to write and justify why you are forced to live separately. Court will look into details of separation. and then decide whether you deserve it or not. In any case son is entitled for full expenses till he becomes 18 years old.

Advocate Wg Cdr J.P Sharma (Retd) LawRato

920 votes

Yes. The female can claim maintainence for the child from his/her father even when she does not file for the divorce. Section 125 (1) (b) of Cr.P.C makes the person liable to maintain his minor children. Maintenance of the child does not depend upon the filing of divorce.

Advocate Anubhav Almadi LawRato