See you can file before the family court for modification of your maintenance order seeking higher amount of maintenance as increase in expenses and salary. Further maintenance in terms of fee of child can be sought.
Hi sir, Because of continuos fights i went to the court for the legal separation, and maintainance,as i got threats of life from my husband, and my son and myself were neglected by him, and were he was not ready to take our reponsibilities and as our son was 5 years old who suffered a lot in this.at the same time he(husband)went to the court for conjugal rights, that to threaten me, i explained in the court about all the situations, then when mentainance granted to me that too 2,500 per month for myself and for my son in 2006 he is a civil engineer in R&B govt employ.i dont know this much low he showed his salary as 7,500 like that he suddenly applied for divorce, in between this he asked for custody of my child but how can i leave my child iam living for him only, it went on and on and in lower court divorce was granted in means of desertion and i brought the stay from high court and till now it is pending, i never agreed for the divorce even then he managed to get divorce in the lowercourt. And whenever i want to go for enhancement he stopped me saying that he will look after us, he has given 2,500 for 5 years 5000 for 5 years and 9000 for 3 years, and 15,000 till the date, when my maintenance was granted my son was in 1st standard,from 1st to now he is studying M.B.B.S. all these days how much expenses regarding his studies,sports,food,shelter,medicines he suffers from "Seizures" some times for that continuous medication 3 thousands per month only for medicines,for me and my health how much you can imagine,his salary now above 1lakh and after 3 years he will be retiring, till now he dint given any property nor cash to us.In between the court proceedings we came to know he remarried,what to do, give your valuable suggestion.
See you can file before the family court for modification of your maintenance order seeking higher amount of maintenance as increase in expenses and salary. Further maintenance in terms of fee of child can be sought.
Sir for minor he has to take care but allthe responsibilities of my son i had taken care only giving money monthly is it sufficient to our kid atleast moral support and love and affection should be there towards my son because as a father it is his responsibility and he ruined my entire life he dint allowed me to do a job atleast that would have been there to me and may be i would have got a govt job,what justice we should get, my son's childhood has gone without father's love and affection,my husband just listened and behaved like a puppet of my brother inlaws, and sister in laws.
You can seek for enhancement of maintenance amount by mentioning the details of his salary
You will get an enhancement owing to the changes in the circumstances.
The maintenance for your son who is an adult may not arise at this stage.
If he has married after divorce then he cannot be sued for bigamy also.
1) you can make application for enhancement of maintenance on accounts t of increased expenditure of your son studies
2) enclose details of expenditure incurred on son medical bills , studies and other expenses
3) call upon husband to produce his bank statements, income tax returns, salary slips for last 3 years
1. file an application to enhance the maintenance,
2. you can claim the share in the property of the husband through your son,
See for love affection and care there is no compensation and there is no provision for same also. You can just claim the maintenance since you are not able to maintain yourself and the son.
Dear Madam,
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
A divorce lawyer in India must be hired to file or defend a maintenance petition in India, in addition to a divorce petition and other legal formalities. The maintenance rights of a woman are governed by the personal laws applicable to her, and the maintenance rules differ under Hindu, Muslim, Christian and Parsi laws.
The Hindu Adoption and Maintenance Act lays down the provisions relating to maintenance rights of a woman under Hindu laws. Under the Act, the wife, daughter-in-law, children, elderly parents and other dependents have a right to claim maintenance.
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
However, the quantum of maintenance that the husband is required to pay to her wife depends upon the income earned by the wife, the income and property of the husband, his personal expenses and the expenses borne by him from his dependents.
The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance through their divorce advocate.
2. Permanent Maintenance: Permanent maintenance is paid by the husband to his wife in case of divorce, and the amount is determined through a maintenance petition filed through a divorce law lawyer in India. Section 25 of the Act states that the court can order the husband to pay maintenance to his wife in form of a lump sum or monthly amount for her lifetime. However, the wife may not be eligible for maintenance if there are any changes in her circumstances.
Under Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife has the right to live separately from her husband without affecting her right to claim maintenance. Under this law, a wife can live separately from her husband in the following cases:
However, the wife is not entitled to claim maintenance in the following circumstances:
A wife is required to file a maintenance petition in a family court which has appropriate jurisdiction to deal with the matter. The maintenance petition must be filed with the assistance of a good divorce advocate in India and must contain all the requisite facts and remedy sought from the court. The maintenance petition is filed with some necessary documents like an affidavit, documents relating to the income of both the husband and wife, etc.
Maintenance is granted by court after examining the economic condition of husband. If the salary of husband has increased or his life style has improved, then according to the present condition , husband is liable to pay maintenance only on court order.
1. You cannot claim any property which is self acquired by your ex husband but your son can claim only if he dies intestate.
2. Secondly your son can claim property share from ancestral property of his father.
3. You can also make application under section 127 CrPC for enhancing the maintenance amount as per salary of your husband
You can still go for enhancement and also file domestic violence and claim maintenance for both of you. You can also file 125 crpc for maintenance