Maintenance for child when wife working

shrishriml (Querist) 27 October 2016 This query is : Resolved
I am working and earning sufficient to maintain myself. Separated from my husband 6 months back and since then he has not been paying anything for our 3 year old child who is with me.

My husband earns more than double of what i earn, will he have to pay monthly maintenance for our child? If yes, what is the percentage of his salary that he will have to pay for our child?

Under which section should i file for maintenance?

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Sudhir Kumar, Advocate (Expert) 27 October 2016
you have to ask for maintenance of child and court will decide quantum

Guest (Expert) 27 October 2016
File case for maintenance.

Advocate M.Bhadra (Expert) 28 October 2016
Your child will get maintenance,it does not matter that you are employed.Quantum of maintenance will depend on your income ,husband.s income and your liabilities and discretion of court.

You can file a case u/sec 12 of the D.V. Act along with a petition u/sec.23 of the same act.It is better than a case under sec.125 Cr.P.C. for granting maintenance allowance.

D.V.Act-----------

Sec.17. Right to reside in a shared household.

Sec.18 Protection order

Sec.19. Residence orders

Sec.20.Monetary Relief.

sec.22 Compensation. etc.

Rajendra K Goyal (Expert) 28 October 2016
You can claim maintenance for your child.

T. Kalaiselvan, Advocate Online

(Expert) 29 October 2016
You file the maintenance case before the court to the extent what you feel justified on the basis of his income.
Let the court decide the quantum based on the pleadings and arguments from both the sides.

cherukuri prasad (Expert) 30 October 2016
Section is irrelevant. Grievance is.

Dr J C Vashista (Expert) 30 October 2016
You want to learn law or seek advise to get maintenance for the child?
Decide basic question before posting such academic question (not query).

Guest (Expert) 30 October 2016
Well said by Shri Cherukuri Prasad and Dr. J C Vashista.

Leave the section up to your lawyer, if you really have some grievance.

But, in academic query case, better go through your study materials. You should not expect the experts to open tutorial classes for students.