Seeking maintenance from husband for 2.5 yr old and myself.

• “A hale and healthy man is expected to work to maintain himself and his dependants. He has to maintain his wife who is incapable of maintaining herself. Somehow or other husband should maintain" as per judgment of Madras High Court

• Legal provisions concerning the order for maintenance of wives and children come under section 125 of the Code of Criminal Procedure, 1973. As per Section 125(l) (a) of the Code, if any person having adequate resources neglects or refuses to maintain his wife who’s unable to maintain herself, then a Magistrate of the first class upon proof, can order such person to make a fixed monthly allowance for the maintenance of his ex-wife. The maintenance has to be determined in accordance with the living standards of the person concerned which she enjoyed at the place of her husband. Here ‘ex-wife’ includes every woman who has been divorced by her husband or has obtained a divorce from her husband and has not remarried yet.  

• The court can further attach your husband's assets in case he is unemployed but as long as your husband is able-bodied he will be expected to maintain you and your child..

Your priority ought to be in seeking maintenance for you and the child.

1. If you are unemployed and do not have any source of income to sustain your expenses and for  decent living standard, you are eligible for monthly maintenance amount from him, also eligible is your daughter without any such reservation.

2. If you have proofs of his proeprty and the income derived out of the said properties you can put them before court while seeking a huge quantum of maintenance at par with the income as allowed by the court.

3.  No doubt he is duty bound to provide maintenance besides residence and also compensation for the expenses including medical expenses and educational expenses for the child, hence court will pass an order granting the desired reliefs

4. If you do not trust your lawyer anymore then you may decide to change the lawyer instead of wasting your time, energy and money on this lethargic or non-cooperative lawyer.