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
A.Kisi ke kuch bhi kahne se koi kanoon nhi ban jaata hai. Or na hi vah kanoon se bada ho sakta hai. Maintenance milna chahiye ya nhi ye kanoon ka kaam hai ki aap ko or aap ke bete ko maintenance milega ya nhi. Agar aap apna or apne bete ka maintenance karne me compitent nhi hai or aap ke pass koi income of source nhi hai tab aap dono log maintenance lene ke liye patara ho..kitna maintenance aap dono ko milna chahiye ya court ka work hai.
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BANDARU RAJYA LAKSHMI
Responded 2 years ago
A.Dear client,
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.
If my suggestion is helpful to you kindly rate me
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.
If my suggestion is helpful to you kindly rate me
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
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.
Thank you very much. Please give the answer a rating.
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.
Thank you very much. Please give the answer a rating.
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A.Hi,
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.
Thank you. Kindly rate the answer.
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.
Thank you. Kindly rate the answer.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your husband is misguiding you. You as well as your minor son are entitled to get maintenance from your husband and he cannot avoid his responsibility until and unless you yourself give him relief from the same. Your husband has liability to maintain his mother but that doesn't in any way hamper your as well as your minor son's maintenance right. Please take note that your son will be entitled to get maintenance from his father till the age of 18 years but you are entitled to get maintenance until and unless you have done second marriage.
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.
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.
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A.Dear Sir,
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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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.
Rate me Five Star*
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A.You can file the case for divorce and maintenance and let him say whatever he wants to say.When you file a case for maintenance under Section 125 for yourself and your daughter he will be forced to pay as per the order of the court.
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