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Matrimonial rights of wife regarding monetary support from husband


14-Oct-2023 (In Family Law)
I am 53 year old woman of Christian faith. I got registered marriage to my husband who is Hindu. I married in 1988 and have two sons. I have been living separately for the past 21 years. My husband used to pay me monthly maintenance for me and my sons. From May 2017 he has not paid any money as he informed that he has no no money. I was living in bangalore and because I got no money I had to vacate and now live in my parents home. My father is very ill and is bed ridden and is battling cancer. They hardly have money to get by. I have lived separately from my husband as he betrayed me and has a family of his own. What are my rights as his legal wife. How can I make him pay? Please advise. Thank you.
Answers (3)

Answer #1
847 votes
Hii...Definitely you can file a petition U/S 125 of Cr Pc for maintenance for yourself and for your 2 minor sons. If you are professionally employed you are not eligible for that. Divorce is not required for filing petition u/s 125 of Cr Pc. You have to show all his income proof while filing the maintenance case for getting higher maintenance amount. If you need further assistance kindly contact me or else pl contact any lawyer within your locality. Thanks
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Advocate Manoj Raghuram

Adv. Manoj Raghuram

LawRato Madurai | 100+ Answers
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Answer #2
774 votes
Dear client, 1. Approach family court and claim maintenance from your husband. 2. If without getting divorce your husband married a another woman, then its illegal and so you can file a police complaint against him through this procedure also may get monetary. You can set an appointment for consultation on phone/chat/email with me regard to your case. Click LIKE if you are satisfied with my answer Priyanka Advocate Coimbatore
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Advocate Priyanka

Adv. Priyanka

LawRatoCoimbatore | 100+ Answers
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Answer #3
750 votes
You can send a lawyer notice with relevant proofs .If your husband is not ready to comply with the lawyer notice you and your sons if they are not employed can file a case for maintenance against your husband.
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Advocate K Prema

Adv. K Prema

LawRatoChennai | 200+ 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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