Family
2 years ago
My father threatens my mother even without divorce that he won't pay for the family and he will set a limit by court. Is it legally possible without divorce?
Vaidehi Samant
Responded 2 years ago
A.As per law a wife is entitled maintenance and can file petition if husband is not paying under section 125 of Criminal Procedure Code, 1973 but a husband has no provision in law to file petition for denying payment of maintenance or to set limit over the same. Thank you.
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A.Hi,
Your mother can claim maintenance under section 24 of the Hindu Marriage Act from your father even without divorce, if he is not making any payment. Maintenance can be claimed by the wife under Section 125, CrPC too. Please contact a lawyer for further advice.
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Your mother can claim maintenance under section 24 of the Hindu Marriage Act from your father even without divorce, if he is not making any payment. Maintenance can be claimed by the wife under Section 125, CrPC too. Please contact a lawyer for further advice.
Please rate my answer
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A.There is no provision that a husband can go to the court as set up a limit for expenses for a family. He is trying to scare you. If he files a divorce case and when the question of maintenance will come then only it can be done or when your mother wants to fix the maintenance through the court.
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