Procedure to obtain maintenance from husband

596 votes

If u r earning low income,u can file 125 cr.pc maintenance against your husband in family Court claiming maintenance for yourself and your child.but if ur earning more than your husband then you may not get maintenance

Advocate Ved Prakash Shaw LawRato

706 votes

First you request to your husband and convince him that you have not sufficient earn to maintain self along with child or you can take help of family counseling ,if not solve the problem then you will file a maintenance case before your local family court. Father is bound to maintain his child and his wife if she unable to mainten herself.

Advocate Bhawani Shankar Panda LawRato

775 votes

. The legal position about income of the wife as contemplated for the grant of maintenance is that if the wife of her own volition pursues a career where she earns her own income, then the sufficiency of that income is to be seen and calculated to reject or grant her claim of maintenance.
But if the wife is constrained to take up a job to in case of extreme necessity or to survive with dignity pending actual receipt of maintenance from her husband then the court may refuse to take her income into consideration whilst granting her maintenance.
But your child is joint responsibility and you can claim maintenance .
Consult good lawer

Advocate Tapan Kumar Behera LawRato

622 votes

In fact if you are self sufficient you can't claim maintenance. But it is duty of your husband to pay maintenance with education cost of your minor son and he can't escape his liability with plea of your earnings.
So you as guardian of minor son initiate a case u/s 125 before competent jmfc or initiate a suit of maintenance before competent civil judge or family court claiming such relief.

Advocate Sunil Kumar LawRato

963 votes

Dear Madam,
you did not mention the salary of your husband.if your husband is getting more salary from you and you unable to maintain the day to day expenses and other expenses then you can file maintenance case against your husband. you also file case for your minor child against your husband . your husband is bound to maintain the expenses o f your child .

Advocate Bisweswari Mohanty LawRato