Can I claim maintenance when the divorce is pending Can I claim maintenance when the divorce is pending

2 years ago

Im a working woman at Delhi earning 39000 per month where my husband earns 300000 per month and I had a 2 year old kid and have been maintaining him and taking care of his expenses and responsibilities since he was born. The divorce case is still pending in court and can I claim for maintenance for my child and myself till case is closed ?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Yes, you can file it as you have to maintain status equivalent to that of your husband as such yourself and your child get sufficient maintenance. Better file maintenance under Section 125 of Cr.P.C and seek interim maintenance which will be allowed on the date of filing itself.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
Yes you can claim for maintenance during he pendency of the divorce case and there is no bar to it. When you file a case for maintenance then your monthly income will also be taken into consideration to arrive at the total amount that you can receive from your husband as maintenance. When you file the case ensure that you seek maintenance for yourself as well as for your child.
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Anik

Responded 2 years ago

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A.Dear Client,

You are entitled to receive maintenance during the pendency of the divorce, provided you can show that the independent income earned by you is insufficient for your child and yourself.

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