Maintenance without divorce
I am seeking monthly maintenance from husband without divorce.
1. I am married for 12 years with a 11 year old son.
2. I m currently working but have already resigned as I stay alone and no one to take care of my son. My husband works in Bangalore, in laws stay in Lucknow and my mother in Assam.
3. My husband has dual income - he has taken a VRS from the Indian Navy, hence gets pension plus he works with a private firm and draws a salary of 36 Lacs per annum.
4. My husband takes care of rent and other necessities but does not pay any money for my personal necessities.
5. Neither is he willing to take me and my son to Bangalore.
6. He has old parents but they r self sufficient from rent and also my father in law earns post retirement through pension plus he has joined some private firm.
7. He has affairs with lot of women - 2 incidents with proof r with me.
Pls suggest how to proceed and how much maintenanace will I be given.
Asked in Family Law from New Delhi, Delhi
Generally courts reject the maintenance claim made by wives of working women category though there is no statutory rule about it.
You can produce the proof of resignation and the reasons for resigning the job i.e., due to your child's welfare and also can convince the court about your financial constraints and his huge income.
Even if your claim is not considered by court, your son can be awarded maintenance and you can prove the income of your husband by which a proportionate sum can be allotted to your son.
You can file a petition under section 125 cr.p.c. seeking maintenance for both.
1) As your husband is providing for rent and other necessities you cannot seek maintenance for your personal needs alone. The fact that you are employed/ has been working/is employable will go against any claim you make for maintenance.
2) You can file a petition in the court to seek maintenance fit your minor son.
You can file a case for maintenance for yourself and your son against your son. It is his duty to support financially his son as long as he remains a minor and also his wife if she is not self sufficient. If you have evidence to prove his affairs with women then you may also file a case of domestic violence to claim compensation from him.
1)working wife is not entitled to maintenance
2) you can seek maintenance for your son
3) gather evidence of your husband income and file claim for maintenance
4) you can also file DV case against husband and seek maintenance, custody of child and alternative accommodation
1. You and your son are entitled to get maintenance from your husband if you are not employed or if your earning is not enough to maintain you and your son,
2. You will have no claim on his father's income of properties,
3. Generally Court awards around 1/5th to 1/3rd of the net monthly earning of husband towards maintenance of wife and son.