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Monthly maintenance option is good or not if wife don't want divorce
19-May-2023 (In Family Law)
Belong to Hindu Family.My husband has left the house two months before, giving me insufficient money for me and our two kids in secondary classes.Husband wants mutual consent divorce. I want a house(currently living in a rented house, giving 20k per month)and sum of 3 or 4 years total salary of his for the sake of my kids education.He is earning more than 30 lakhs annually.May be he will not ready to give this money, also monthy money which he is giving is not sufficient. I don't have regular source of income, work on contractual basis and earning not more than 25k per month. Neither have any property nor have any other source of income. I want to know how much i get as monthly maintenance as i am not ready to take divorce right now. He can easily change his job and residence. We still are unaware about his residence.Please give proper advice what to do in this situation?If he don't give maintenance on time or stop to give after some time what would be legal action against him
Yes, you can seek maintainence from your husband more particularly when you have the responsibility of your children and rented accommodation. The maintainence that will be provided to you will be proportionate to your husband's income and assets. I strictly advice against giving him mutual divorce without any monetary settlement in terms of a house or your streedhan given during marriage.
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Hi,
If your husband wants mutual divorce, then both of you can decide the conditions of such divorce.
In regard to maintenance , your husband will have to pay atleast 1/3 of the total income received by him on monthly basis .
If despite the order of the court your husband don’t pay , he will be sent to Judicial Custody.
Thanks
Ramit Sehrawat
Advocate
If your husband wants mutual divorce, then both of you can decide the conditions of such divorce.
In regard to maintenance , your husband will have to pay atleast 1/3 of the total income received by him on monthly basis .
If despite the order of the court your husband don’t pay , he will be sent to Judicial Custody.
Thanks
Ramit Sehrawat
Advocate
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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You should immediately move to the court for maintenance and seek intervention of the court in same regard. Protection of kids and their education is mandatory in law.
Also other steps can be taken for protecting your and children’s interest
If he delay or not pay any maintenance then we will seize all his accounts and property.
Please feel free to reach out for further assistance.
Also other steps can be taken for protecting your and children’s interest
If he delay or not pay any maintenance then we will seize all his accounts and property.
Please feel free to reach out for further assistance.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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