• Looking for maintenance from husband

I am Hindu living in Gurgaon, married for 7 years and have 6 years old daughter. My husband went out of India in Oct 2017 (Myanmar) for job and got involved with another woman. From Jan 2018 he is pressurizing me for divorce and  from feb 2018 he has stopped all the contact with me. My first and required priority is financial security for me and my child and rest all comes secondary. Divorce or No divorce does not matter if my first priority of financial security fulfils   I am working woman (salary 80k/mon) and husband ( 4.5 lac/ mon). What should be my legal line action ? Please advice
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu

File a suit for maintenance and claim maintainance for the child also.

Also if at the timing of giving divorce he is ready to give good alimony then I would advise you to settle the case.

This will save you from lost of trauma that you will face for years, till the case is decided.

Regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Immediately file a maintenance against him under section 125 crpc seeking maintenance for yourself and child.

Aveek Bose
Advocate, Kolkata
951 Answers
4 Consultations

4.7 on 5.0

Hi, you can file a maintanance application under section 125 Crpc .. A wife can legally claim upto 1/3 of her husband salary as maintanace for herself , and additional maintanace for her child .. It is advisable not to agree for divorce and even if he files we can contest the same .. My office is in Gurgaon , you can consult me for proceeding further with your case .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4258 Answers
31 Consultations

4.9 on 5.0

It depends on the thinking of the court on the maintenance petition but for sure you can get maintenance for the child. File case of maintenance for self and child and a petition for RCR as well.

The court will decide your next move.

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

Since there's a huge disparity between your income and his; he's liable to maintain you for your sustenance, proportionate to the disparity. Besides, he needs to pay for the maintenance of your child.

Both you and your child must file a joint petition under section 125 crpc.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8566 Answers
134 Consultations

5.0 on 5.0

Respected mam...

If you want maintenance and secure future of your child then you have to file a petition under section 125 of crpc seeking decree of maintenance from court in that court will ask your husband to pay you certain amount of money ...Me from Rohtak you can call me for further quary ... You will easily get the decree from court as it seems all mistake of your husband...

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Hello. Plz file maintenance case against him. As you have a daughter and ur salary is quite low in comparison to your husband, you can get a good amount of monthly maintenance. And as he is pressurizing you for divorce, is itself a huge mental cruelty on his part, ask court to impose a good mental harassment cost on him.

Thank you.

Preeti Joshi
Advocate, Gurgaon
7 Answers
1 Consultation

4.0 on 5.0

Hello, you can file maintainance petition against your husband under section 125 crpc, you will definitely get the monthly maintainance with in one or two months of filing the case.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

File an application for.dicorce.under 125 Crpc.for you.as well as your daughter claiming maintenance from the husband.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

1) If you are working women than you are not entitled for alimony, but for child monthly expenses you can ask for maintenance from your husband and that totally depends upon court you much to grant as maintenance depends upon your living of standard in matrimonial home.

2) Secondly, you can go for Mutual Consent Divorce with lumpsum one time amount settlement for you and your daughter.

Ganesh Kadam
Advocate, Pune
7477 Answers
65 Consultations

4.9 on 5.0

1) you can agree for divorce by mutual consent

2)ask husband to pay you Rs 50 lakhs as lumpsum alimony

3) if husband refuses to pay any alimony then file for divorce on grounds of mental cruelty

4) seek custody of your daughter and interim maintenance / alimony from husband

5) husband having extra maritial affair amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

Hi

you are in a precarious situation.

Your post says that you are working woman and drawing 80k pm.

There are various factors which will be taken into consideration before finalizing the maintenance.

Before going into details, in order to have response from your Husband, lodge a complaint with his Employer then based on the response you can proceed.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

you can file case for maintance against your husband....you can also file a divorce petition against him.. rest depends upon the facts of your case.

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.0 on 5.0

If you have proof that your husband got involved with another woman then you cab file for Divorce under Section 13 of HMA and claim for maintenance and expenses of proceedings.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. Though working woman is not entitled to maintenance , if there is great disparity between the income of respective parties as in to]your case the wife will still be entitled to maintenance.

2. So file a case for maintenance under PWDV Act wherein you can seek maintenance both for you and your child and commendation for the mental agony he has caused to you.

3. You can also file case under section 498A, 406 IPC and if you are not willing then do not agree for divorce unless your final security is ensured by him.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

Since you are not too keen on Divorce at the present, you can take out maintenance proceedings under the Hindu Adoptions and maintenance Act or Sec 125, CrPC or under the Protection of Women from Domestic Violence Act, 2005. Before that, i would, however, advise you to collect proof regarding your husband's adultery. The same will help you to reach a good settlement later on.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You and on behalf of your daughter can file maintenance petition against him in the court of law with the help of any local good advocate under which court will order him for monthly maintenance for both of you according to lifestyle, education, earning, debts, liablities and responsibilities of both the parties.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

To file maintenance case you need to submit marriage certificate and photos of your marriage as proofs, these are essential requirements to file a case under section 125 Crpc. you can file case in the family court or judicial magistrate were you reside.

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

No doubt you can seek maintenance from your spouse as a legally wedded wife but since you are employed and earning a handsome salary, your maintenance claim may be repudiated, however you can claim maintenance for your child from him.

If he is agreeing for one time settlement you may ask him to deposit a substantial and huge amount in the name of your son in any bank making you as guardian for the child.

All other things can be decided once this is done.

You may first file a maintenance case under section 125 c.rp.c.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

You can file application under section 125 crpc and domestic voilence Act for maintenance. You can also file divorce case in family court and claim maintenance for your child.

Prashant Nayak
Advocate, Mumbai
12892 Answers
22 Consultations

4.6 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer