Filing a maintenance case against husband
Aruna
(Querist) 20 June 2017
This query is : Resolved
Hi have been married since 2 years and I have a 2 year old baby girl .i am a working women eating quite good that I can take care of my child .but since the time I have got married my husband doesn't work nor he is educated .he was dependent on me I used to give him money and take care of his and his family expenses but 1 year back I realized that I am doing a biggest mistake and decided to stay alone .its been more than a year my husband has never contacted my child nor me .its a big shame that how can a father not remember his 2 years kid.its is my first child.everytime he used to ask money I used to give him .i have spend hell lot f money on him sending him to dubai 3 times in search of a job but he dint find anything not he has struggled .now he I need to an advise how can I file a maintenance case against him which is his responsibility to take care of his baby .i have decided why should he stay a cool life without any responsiblity .tomorw he might get married also .please advise me how to make my case stronger .as I am thinking the Indian court will support me or not as I am earning and taking care of my child .i am scared they might say take care of your child as he is not working husband??? And moreover I am working staying abroad I need to finish this soon as I have only 1 month vacation .please advise
Aruna
(Querist) 20 June 2017
Plz advise me
Rohit Krishan Naagpal
(Expert) 20 June 2017
Padmaja Sharma Vs. Ratan Lal Sharma reported in I (2000) DMC 629 (SC) "MAINTENANCE: Maintenance of Minor Children: Father and Mother Both Employed to Contribute: Proportionate of Amount Meaning of term maintenance defined under Section 3(b), Hindu Adoptions and Maintenance Act Under Section 20 of Act it is as much obligation of father to maintain minor child as that of mother Both parents are equally responsible for maintaining the child . Go ahead file the case as maintenance depends on numerous factors.
Rajendra K Goyal
(Expert) 20 June 2017
Your husband is not lucky enough to get suitable job.
If you want to save marriage, try to boost his moral and support him in getting job.
Since he is not earning, you can add to his miseries, practically may not get desired results.
Rest you can discuss with your lawyer.
