• Child support and accommodation

Hi, Me and my husband has approached a common lawyer for mutual consent .We have been separated for 2 years now and have a 2 yr old son.My son lives with me..My husband has not given any financial support to my son for part 2 years. Moreover my son is suffering from asthma and requires constant medical attention .All this payment is bared by me..I earn more than my husband.Reason for our separation was that i had to work and my parents place being close to work and my parents retired they could take care of my son .As doctors had insisted not putting him in daycare or in the care of a maid..My husband didn't want to leave his mother(who is a working lady) which lead to our separation.All my husbands assets are in the name of his mother..They have currently 2 houses and a car and all bank accounts are in the name of his mother..Let me know if i can claim accommodation and maintenance for my son.I will have to leave my parents house soon as my brother and his wife will come to stay there.
Asked 7 months ago in Family Law from Mumbai, Maharashtra
Religion: Christian
1) have you been granted divorce by mutual consent ? 

2)if not then in consent terms you can incorporate clauses as to maintenance for your child and alternative accommodation 

3) if you are already divorce make application to court under section 125 Crpc for maintenance of your son 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
You may file a maintenance case against your husband under section 125 of cr.p.c and claim maintenance for him as per his requirement.

Accommodation can not be claim after mutual divorce. 
If divorce has not been completed then through domestic violence case you can claim accommodation or alternative rent for house.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hi, You can file a petition for maintenance under section 125 of the Criminal Procedure code ask for maintenance on behalf of your son so that the court will order for the maintenance to your son.

2. As it is the duty of the Husband to maintain his wife and children so he has to pay the maintenance to his son.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) what is the monthly expenses of the child ? 

2) your husband should contribute atleast 50 per cent of child expenses 

3) don't agree for  Rs 5000 

4) in the alternative ask your husband to place fixed deposit in nane of child for around Ts 15 lakhs interest earned can be used forcchild maintenance 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, For residence order you have to file a petition in the DV Act so that court will order for residence order too.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) draw attention of court th his lavish lifestyle 

2) insist on Rs 20000 monthly maintenance as educational expenses are also incurred by you 

3) seek alternative accommodation 

4) you cannot claim any share in properties owned by mother in law 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Maintaining the child is the joint responsibility of both parents. You can on behalf of your son file a case for maintenance against his father i.e your husband to get the required amount of financial support. 

2. You may also file a case for domestic violence against your husband to enforce your right to residence which includes alternate accommodation.

Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If your husband is unwilling to give the required amount of financial support to your child then you are at liberty to file a case for maintenance against him.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
The child's maintenance has to include a provision for his basic needs, educational and medical expenses. 

Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi
You should file a divorce petition and ask for maintence fo4 you and your child ask for a house and permanent alimony for yourself.
His defense will be that you earn more than him.
If you earn that 2ill h3lp him to pay less maintenance  for u..
Your son is his responsibility as well,so he has to meet his expenses of treatment,food, accommodation,and education  etc. 
If you don't wish to file divorce  then file a domestic violence petition and seek for maintence house ànd expnese of your child 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
File domestic violence case against him and claim right to residence or alternate accommodation under section 19 of d.v. act. 2005
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
you should file a case on behalf your child for maintenance of your child from his father. this case will be filed under section 125 crpc. father is bound to maintain his child it does not matter that child is living with his mother. 

you can file a case under DV Act for compensation order under section 12 and 22. you can get this order notwithstanding that you are living in parent's house.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Let me know if i can claim accommodation and maintenance for my son.I will have to leave my parents house soon as my brother and his wife will come to stay there.

As his legally wedded wife you are entitled to right to residence but you cannot claim it once you are divorced.  However you can claim maintenance for your child from him.
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
Divorce has not yet been granted nor filed in the court..we are still under discussion with our joint laywer.Our lawyer has asked him to provided either accommodation or rent...and child support.My husband is claiming that since he is earning less than me he cannot give 50-50 support only he can provide Rs 5000 per month which is very less as per amount i spend on my son per month...

If that is the case you do not go for divorce immediately.  First file domestic violence case seeking residential rights, maintenance to your child and also file a maintenance petition under section 125 cr.p.c. separately.
Let him realise the difficulties of attending court besides his office work, he may come down for negotiations.
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
) Monthly expense goes up to 20000..This is excluding his education and hospitalization which happens almost 3-4 times in year..
2) My husband lives a lavish lifestyle driving car and his mother owns 2 -2 BHK trerrace apartments...Will i get accommodation also

You can very well apply for residential rights even if you have not filed any other case against him.
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0

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