abcdefghij (ghj) 08 April 2018

Maintanence

Our marriage took place five years back. My husband never supported me either financially, emotionally or socially. According to him he is responsible only for his parents and brother n brothers wife. We have a son who is three years old. I used to take care of him alone no financial support form him. Even his mother used to mentally trouble me treat me like a maid in d house and even my husband did not support me instead he used to take his mothers side n insult me infront of everyone. I used to work before my son's birth so i used to bear all my and my sons expenses from my saving and from money given by my parents.

Now from last one year I am at my parents place and all the means to compromise have failed.

Now how much maintenance can i and my son get from my husband. My husband's salary is around 60000/- p.m.

Thanks in advance

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3 Replies

Siddharth Jain 08 April 2018

As per Section 125(l) (a) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
Under Section 125(l)(a) of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty.
There are a number of factors where are considered by the judge while awarding maintenance like no. of dependants, salary, your qualifications etc., then only the maintenance would be awarded to you.
For any other queries feel free to contact me at isidjain1@gmail.com

Vijay Raj Mahajan (Advocate) 09 April 2018

You have been asking about your case since last 7-8 months, the same thing repeatedly. You have a failed marriage with a minor male child in your custody. The compromise to live together again has failed. So the best is for compromise for divorce by mutual consent. The issue of child custody, visitation, child maintenance, permanent alimony and maintenance, return of istridhan to wife, settlement of joint property/cash/bank account etc. owned by both parties are the issues to be settled before the joint petition for divorce can be presented in the Family Court for divorce by mutual consent.

Rest of filling various criminal cases against each other will take you both nowhere. Even the maintenance case for child will fetch you hardly anything for child and yourself and that too will take long time.