I have been separated from husband since 6 months. He does not take any responsibility of my son since I am earning. He does earn some income but not willing to spend for son. Can I claim alimony for my son now although I am earning?
sandhya (None) 18 September 2014
I have been separated from husband since 6 months. He does not take any responsibility of my son since I am earning. He does earn some income but not willing to spend for son. Can I claim alimony for my son now although I am earning?
Happily Divorced (TL) 18 September 2014
Yes, but its not called alimony. Its maintenance share for the child.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 18 September 2014
Yes, u can claim maintenance amount for ur son from his father. For further detail and any query u may call at 9871158578
Anil (salesman) 20 September 2014
One more thing a Wife can claim maintenance for Major Son as Both son as well as she himself is working somewhere.
Please tell me.
sandhya (None) 25 September 2014
sandhya (None) 07 October 2014
What is the maintenance fee that can be claimed for the son in case wife is earning, without applying for divorce?
Adv. Chandrasekhar (Advocate) 07 October 2014
That depends upon :1. Status of the parties 2. earning capacity of the parents and 3. the needs of the child according to his social status. After considering all the factors the court will come to certain amount shall be maintenance amount for the child and it will be divided between the mother and father according to their earnings. If mother is earning 50 thousand and father is earning 1 lac and the child's maintenance is quantified 10 thousand, then mother has to incur 1/3rd and the father has to incur 2/3rd.
sandhya (None) 11 October 2014
Adv. Chandrasekhar (Advocate) 11 October 2014
As we are living in patriarchal society, the court inclines to opine that father has more financial responsibility for the maintenance of child and hence divide the ten thousand in equal shares and ask the husband to contributed about Rs.5000/-, even their earning capacity is varied.