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Maintenance without divorce and without living separately
15-Jun-2023 (In Family Law)
I have 2 children both attained majority. I have had to face mental cruelty in my marriage since long and im unable to maintain my expenses, my husband has denied to bear our expenses until we leave our own house. The house property is in my name. Can i apply for maintenance under section 125 Crpc?
Dear querist,
you have to consider one thing while filing the maintenance application under section 125 of CRPC. Which is whether you are unable to maintain yourself and your children without the assistance of your husband. Since you mentioned that you have been subject to mental cruelty you have options to file section 24 and 25 application under domestic violence act for maintenance and ad-interim maintenance. Your children can definitely seek maintenance therefore, they can also apply under section 125 CRPC.
Helpful?
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Query perused. Yes, you can claim maintenance from your husband to meet out your expenses. I would advise you to file a petition under section 125 Crpc seeking maintenance followed by a complaint under section 12 of the Domestic Violence Act. Better particulars are required to advise you on this issue.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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You can go for section 125 crpc and section 12 dv act to claim maintenance for you and for your children. unless, your children are not earning then only they are entitled for maintenance. i m an family matter expert you can contact me, then we can take it forward.
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Adv. Vaibhav Kharbanda
Delhi | 50+ Answers
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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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