Divorce or maintenance?

Community Forums Legal Advice India Divorce or maintenance?

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    • #63413 Reply
      User_d2334440
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        User_d2334440
        PARTICIPANT
        January 30, 2025 at 10:13 am
        Hi my husband and myself are living separately for the past 2 years. He told he is earning 2L per month in his business before marriage but he didn’t support both financially and morally. He didn’t give money to myself and my 4 years old daughter for more than 7yrs of our marriage and he just gave money only for 3 months.Am a homemaker. No contact between us for the past 2 years. Can I file for maintenance without divorce?? Or file for divorce against him?? Kindly pour u r suggestions. TIA.

      • #63422 Reply
        Luckysachin9844
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          Luckysachin9844
          PARTICIPANT
          January 30, 2025 at 10:19 am
          You can file for either or both

          • #63430 Reply
            User_d2334440
            Participant
              U
              User_d2334440
              OP
              January 30, 2025 at 6:28 pm
              Thanks for the suggestion.

          • #63421 Reply
            Epicudit3172
            Participant
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              Epicudit3172
              PARTICIPANT
              January 30, 2025 at 10:24 am
              You certainly have the right, or may I say, legal obligation as a parent to file for maintenance from the other parent. While exercising, all the same, give it a thought for how long you would seek support & feel obligated.

              • #63429 Reply
                User_d2334440
                Participant
                  U
                  User_d2334440
                  OP
                  January 30, 2025 at 6:29 pm
                  True. Will consider this for sure. Thanks for the suggestion.

              • #63420 Reply
                Shirleythinker961
                Participant
                  S
                  Shirleythinker961
                  PARTICIPANT
                  January 30, 2025 at 10:32 am
                  You can demand maintenance or proceed with divorce and opt for alimony on monthly basis along with maintenance

                  • #63428 Reply
                    User_d2334440
                    Participant
                      U
                      User_d2334440
                      OP
                      January 30, 2025 at 6:29 pm
                      Thanks for the suggestion

                  • #63419 Reply
                    User_ff1d5f1b
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                      User_ff1d5f1b
                      PARTICIPANT
                      January 30, 2025 at 12:45 pm
                      If you’re educated you should earn it yourself..if not ask your father to pay for it ..I don’t think it’s your husband responsibility to pay for your unemployment

                      • #63427 Reply
                        Anyadude262
                        Participant
                          A
                          Anyadude262
                          PARTICIPANT
                          January 30, 2025 at 12:53 pm
                          What kind of dumb comment is this? Is the child not husband’s responsibility? Why would OP’s father pay for anything? She is married, husband is financially responsible for her and her child’s well being.
                          Stfu and get out of here with your incel coded comments.

                          • #63435 Reply
                            Wiseguy5667
                            Participant
                              W
                              Wiseguy5667
                              PARTICIPANT
                              January 30, 2025 at 1:03 pm
                              He is a troll . Dont feed the dog

                            • #63434 Reply
                              Fiercerajat8996
                              Participant
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                                Fiercerajat8996
                                PARTICIPANT
                                January 30, 2025 at 1:55 pm
                                Child is the responsibility of both the parents, not just husband or just wife. Husband and wife both are liable to contribute for a child’s wellbeing. Neither the Husband, nor the wife is financially responsible for each other eternally, but only till the other one can get back on their feet.

                                The wife can avail the usual legal remedies for alimony and maintenance for herself as per the requisite acts, but if the husband’s lawyer is smart, the wife is not going to get any money immediately and even if she gets it, it would probably not be as per the expectations. Either way, both parties would need to pick themselves up and plan for the next step

                              • #63433 Reply
                                User_56a5fc01
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                                  U
                                  User_56a5fc01
                                  PARTICIPANT
                                  January 30, 2025 at 4:57 pm
                                  Husband should only be responsible for the child. Not her.

                                  • #63438 Reply
                                    Anyadude262
                                    Participant
                                      A
                                      Anyadude262
                                      PARTICIPANT
                                      January 30, 2025 at 6:08 pm
                                      Haha keep dreaming

                                • #63426 Reply
                                  User_588c1cb8
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                                    User_588c1cb8
                                    PARTICIPANT
                                    January 30, 2025 at 6:06 pm
                                    Please don’t get married ever!! If u are already understand the role of a earning partner

                                • #63418 Reply
                                  User_d7a409e1
                                  Participant
                                    U
                                    User_d7a409e1
                                    PARTICIPANT
                                    January 30, 2025 at 12:53 pm
                                    What have you been doing for 2 years?

                                    • #63425 Reply
                                      Luckyeagle4515
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                                        Luckyeagle4515
                                        PARTICIPANT
                                        January 30, 2025 at 1:37 pm
                                        Looking after their child

                                        • #63432 Reply
                                          User_d7a409e1
                                          Participant
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                                            User_d7a409e1
                                            PARTICIPANT
                                            January 30, 2025 at 1:42 pm
                                            How? Financially?

                                            • #63437 Reply
                                              Luckyeagle4515
                                              Participant
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                                                Luckyeagle4515
                                                PARTICIPANT
                                                January 30, 2025 at 1:43 pm
                                                Financially, emotionally, educationally, spiritually, psychologically, physically .

                                                • #63439 Reply
                                                  User_d7a409e1
                                                  Participant
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                                                    User_d7a409e1
                                                    PARTICIPANT
                                                    January 30, 2025 at 1:54 pm
                                                    No you fool, I am asking how she managed financially for 2 years if she was a homemaker during that time?

                                                    • #63440 Reply
                                                      Luckyeagle4515
                                                      Participant
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                                                        Luckyeagle4515
                                                        PARTICIPANT
                                                        January 30, 2025 at 1:54 pm
                                                        I don’t know dipshit . Ask her

                                                        • #63441 Reply
                                                          User_d7a409e1
                                                          Participant
                                                            U
                                                            User_d7a409e1
                                                            PARTICIPANT
                                                            January 30, 2025 at 1:57 pm
                                                            I did. I asked her. Why are you replying?

                                                            • #63443 Reply
                                                              Luckyeagle4515
                                                              Participant
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                                                                Luckyeagle4515
                                                                PARTICIPANT
                                                                January 30, 2025 at 2:02 pm
                                                                Because I can

                                                              • #63442 Reply
                                                                Rapidsaloni7033
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                                                                  Rapidsaloni7033
                                                                  PARTICIPANT
                                                                  January 30, 2025 at 2:47 pm
                                                                  Different types of people in the world 🤣funny !

                                                    • #63424 Reply
                                                      User_d2334440
                                                      Participant
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                                                        User_d2334440
                                                        OP
                                                        January 30, 2025 at 6:26 pm
                                                        I have tried to contact him and his family but no answer from them. They hate my daughter in the gender basis.. as she is a girl baby and she is not fair as me. They expected a boy. That’s not my mistake. That’s god’s gift from above.My husband didn’t stand on my side and he blindly supported his parents. No mother will tolerate her child getting disrespected especially on the gender basis. Am an MBA graduate and they particularly mentioned that they want a daughter in law who loves to stay at home..No working daughter in law needed. That’s y I didn’t try to go for work. I was tired and fed up with him and his parents. That’s y I came to my hometown and staying with my parents.

                                                    • #63417 Reply
                                                      Braveseeker242
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                                                        Braveseeker242
                                                        PARTICIPANT
                                                        January 30, 2025 at 1:05 pm
                                                        Your husband won’t pay money unless you file matrimonial charges. Emotional harassment is still considered DV.

                                                        I would suggest you not to take maintenance. File matrimonial charges, take lumsum settlement , withdraw charges.

                                                        If he doesn’t pay maintenance at any point in future, you again have to go cops. that’s why lumsum is best. Take help of women NGO to file divorce case.

                                                      • #63416 Reply
                                                        Indianhero7294
                                                        Participant
                                                          I
                                                          Indianhero7294
                                                          PARTICIPANT
                                                          January 30, 2025 at 5:39 pm
                                                          Lawyer this side yes u can file for maintenance under sec 125crpc..

                                                          • #63423 Reply
                                                            User_d2334440
                                                            Participant
                                                              U
                                                              User_d2334440
                                                              OP
                                                              January 30, 2025 at 6:29 pm
                                                              Thanks for the suggestion

                                                              • #63431 Reply
                                                                Indianhero7294
                                                                Participant
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                                                                  Indianhero7294
                                                                  PARTICIPANT
                                                                  January 30, 2025 at 6:29 pm
                                                                  Take it as an advise

                                                                  • #63436 Reply
                                                                    User_d2334440
                                                                    Participant
                                                                      U
                                                                      User_d2334440
                                                                      OP
                                                                      January 30, 2025 at 6:32 pm
                                                                      Sure sir thanks alot👍

                                                              • #63415 Reply
                                                                Urbanranjan8949
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                                                                  Urbanranjan8949
                                                                  PARTICIPANT
                                                                  January 30, 2025 at 11:06 pm
                                                                  Why do you not want divorce? You may get alimony. And Your child will get maintenance. Just trying to understand your logic.

                                                                • #63414 Reply
                                                                  Prorider4116
                                                                  Participant
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                                                                    Prorider4116
                                                                    PARTICIPANT
                                                                    January 31, 2025 at 5:25 am
                                                                    1. Yes, you can file only for maintenance without seeking divorce. File an application under BNSS 144. Read more here [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)

                                                                    For further clarification contact us [https://g.co/kgs/AynYkFb](https://g.co/kgs/AynYkFb)

                                                                    **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

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