1) Make application for maintenance under section 125 cr pc for your self and child
2) you have not mentioned what is your husband income
3) court can award you one fourth of your husband net income as maintenance
Alimony from husband
Hi Me and My daughter are leaving apart from my husband from last 4 years. And he is paying 5k as monthly but that also after lots of cribbing. I want to know, is there any law by which I can legally make him pay more as monthly expense without indulging in divorce formalities. Because my daughter is now going to school and also her expenses are increasing day by day. Me and my husband are not on good terms to stay together, but also I don't want to indulge in divorce at the moment. Regards N
Asked 5 years ago in Family Law
Religion: Hindu
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6 Answers
Hey,
If you do not want to file for a divorce there is an alternative option to that of judicial separation, in which the husband and wife have no legal obligation to stay together. Through these proceedings you can also file an maintenance application in which depending on you and your child's needs the court would grant you a fixed sum of money for monthly maintenance.
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- Yes, if the said amount is not sufficient for you and your daughters maintenance, then you can increase the amount after filing a maintenance case before the court under section 125 CrPc.
- For filing this case , there is no condition of separation i.e. without getting divorce from husband you can get maintenance , if he not paying the same.
- Further , you can also claim school and other expenses from his in this case as well.
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You can file a petition under section 125 Cr.P.C. seeking maintenance for you (if you are unemployed and having no source of income to sustain your expenses) and for your daughter.
You may produce documentary evidences about his salary income and income from other sources and can claim monthly maintenance up to 50% of his take home salary and income that he derives from other sources.
For claiming maintenance you do not have to file a divorce case, you may simply have to state the justified reasons as pleadings in the maintenance petition to convince the court about your genuineness.
You can apply for alimony and maintenance for your daughter. Court can provide atleast 20% of his monthly salary.
You and your daughter have the right to be maintained by him. A complaint case under Section 12 of DV Act can be filed by you and your daughter to seek maintenance from him. You can also seek alternate accommodation at your husband's expense under DV Act.
