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Can me or my mother ask for maintanence


24-Nov-2023 (In Property Law)
How can my mother file a divorce petition on the basis of domestic violence against my father if he is not ready to give divorce ?Can my mother ask for maintenance ? How can i ( minor) file a petition against my father for maintenance on the basis of domestic violence and verbal abuse ? My dad has a lot ancestral property but still he is living on the expenses of my mother . He knows that if my mother ever asks for maintenance then he has to give and that is why he gave the claim of all the properties to his brother and his parents and now there is not even single property in his name and also he has very less money in his bank account as he has distributed all his money in different accounts ( his mother's account , his father's account etc) so that maintenance also cannot be granted on the account of bank balance. In such a case , Can me or my mother still ask for maintenance ?
Answers (3)

Answer #1
829 votes
Hi,
Yes, you and your mother may ask for maintenance from your father as per 125 CrPC. It is a right which is granted as per the law of the land.
I shall be able to elaborate further on taking brief from you.
For more information, feel free to have a word with me. All the best.
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Answer #2
702 votes
Yes your mother can file a petition under section 125 crpc before a court having competent jurisdiction and claim maintenance for you and herself. You may contact us for filing the same for you in the court of law.
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Answer #3
849 votes
Sir/Mam,
your mother with the written complaint of domestic violence may approach in the court for action under the prevention of women on domestic violence act. under the same act, she may demand maintenance from your father.
A minor child may approach the Hon'ble court U/s 125 Crpc for maintenance from either of his parents.
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