justice (none) 24 April 2013

Does asking for maintenance weaken my case?

Hi,

My husband used to torture me and abuse me verbally. He used to insult me in public. He used to ask me to getout of the house and had put lots of restrictions on me. When the conditions became really miserable, i quit. I left the house and came. after 6 months i received a letter from him asking what do i want? i consulted a lawyer and filed a case for maintenace as he was pressurising us to do so. In the mean time i tried talking to my husband but he has been adamant on ending the relation. now i am being told that filing for maintenace would weaken my case.

is that true? please guide me.

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5 Replies

Tajobsindia (Senior Partner ) 24 April 2013

1. No.

2. Not at all. It is Constitution given Rights for destitute women.

3. Ideally if he is in opinion for divorce and you also arrived at same conclusion then mutually adjust to some one time figure towards your past, present and future alimony and via mediation get converted this maintenance case into that under Mutual Consent Divorce and part amicably ways and restart fresh life.

4. If not then para 2 is what you should press based on intent and object of Act / Code under which you applied for maintenance.

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siranjeet (JE) 24 April 2013

1 If hubby wants end the relation then donot waste your time ,solve problem amiciably otherwise go for MCD

2 Every wife who is unable to maintain herself can ask maintenance from her hubby ttill she remarry

stanley (Freedom) 25 April 2013

MCD is the best option .But if you are a working women or you are having a sufficient source of income and in your affidivat for maintanence have stated that you are not working or dont have a source of income and if your husband proves it the other way round than your case falls apart .