I want divorce but my husband says he can't pay the maintenance.
2 years ago
My husband and I have decided for a divorce. But he says that his mother is dependent on him, so he cannot pay for my & child's monthly maintenance. My husband is a government employee. He got this job because of his father's demise while in office. He has a brother. So he now says that since he got his father's job he is responsible for looking after his mother. His mother draws a monthly pension of more than ₹ 11000. She is currently over 75 years of age and having physical difficulties. A home nurse (₹ 16000 pm) looks after her. My husband earns ₹ 43000 & his brother earns around ₹ 50000 pm. I am a housewife as of now. MY husband says if he submits the proofs, he won't be forced to pay anything towards my & son's maintenance. Is this true? If yes, then how much will I get from him towards my and child's maintenance.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
BANDARU RAJYA LAKSHMI
Responded 2 years ago
You and your son are eligible for maintenance from your husband. File maintenance case in family court under sec 125 of Cr.p.c.through an Advocate. Court will decide how much maintenance he will pay for both of you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
According to the Hindu Marriage Act, divorce maintenance includes the husband providing financial support for his wife's living expenses. In most situations, the father/husband/son-in-law is obligated to help not just the wife, but also her children and parents financially. The wife has a legal right to receive maintenance until her marriage, the amount of which will be determined by the mutual agreement. Consult an attorney to determine a sum, and the court will eventually determine the amount that the husband must pay.
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Divorce maintenance, according to the Hindu Marriage Act, entails the husband giving financial assistance for his wife's living costs. In most cases, not only the wife but also her children and parents are entitled to financial assistance from the father/husband/son-in-law. It is a legal right of the wife to receive maintenance till her marriage the amount of which will depend on the mutual agreement at the time of divorce. Talk to a lawyer and fix an amount and ultimately the court will fix the amount that has to be paid by the husband.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
While claiming that maintenance sum for you as well as for your son on monthly basis,you have to keep in mind that both of you are entitled to have the same livelihood which both of you are enjoying in your husband's house and includes the lodging,fooding ,clothing,medication,educational cost and all other associated costs.
After separation period of atleast one year, Divorce matter can be filed. If both of you have agreed terms and conditions for Divorce including the terms of maintenance then through joint petition Mutual Consent Divorce Case can be filed.
You are entitled for maintenance for your child. His mother is having sufficient pension and unnecessarily he has created salary certificate for home nurse. You must deny all such expenditures of your husband and claim maintenance for yourself and your son.
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