Maintanance to wife

velakara (Querist) 23 January 2017 This query is : Resolved
Sir
my wife's sister is in unofficial seperation from his husband with her two children in her parents house due to her husbands domestic torture, she did not complain about domestic voilence to police.

my question is can she get any maintenance amount from her husband through court of law with out any divorce.

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R.K Nanda (Expert) 24 January 2017
yes, she can get maintenance for her 2 kids and for herself also if she is not working through court by filing petition against her husband, without divorce.

Ms.Usha Kapoor (Expert) 25 January 2017
AGREE WITH EXPERT Mr.NANDA.

velakara (Querist) 25 January 2017
THANK YOU FOR THE REPLY

M V Gupta (Expert) 28 January 2017
File application for maintenance under Section 125 0f Crpc both for herself and the children. Even if she did not file any complaint with police for domestic violence, she can make the allegations in her application for maintenance. However please note that the burden to prove domestic violence/cruelty will be on the wife.

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