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Maintenance

(Querist) 28 June 2013 This query is : Resolved 
In case DV is not proved, will it be possible to get maintenance from my husband. I m staying with my parents and i have a son living with me.? Please help
M.Sheik Mohammed Ali (Expert) 28 June 2013
you can file separately maintenance case for you and your child. you will get maitenance .
Anusha (Querist) 28 June 2013
Dear sir/Madam
I got Married on 2 dec.2009 but jaust after my marriage my husband statrted abusing me and beating me and send me back to my parents home and asked for alimoney but i didnot have any evidences to prove his wordings and actions and he continuously saying me that i have proofs against your father that ur father is a charcterless person and i will show in the court. will these proofs affect my case in the court as i have filed three cases maintenance case, domestic violence case and permanent alimoney case as i m more educated then him but still not working anywhere and he is getting 31 thousand per month salary. will he be able prevent himself for not paying anything to me?
ajay sethi (Expert) 28 June 2013
you are highly qualified . why dont you start working . you may not get maintenance if you are highly qualified and deliberately not working
Anusha (Querist) 28 June 2013
what about my son. what's his rights.
ajay sethi (Expert) 28 June 2013
son will get maintenance . father is bound to pay maintenance for the son . court will award for the son
Anusha (Querist) 28 June 2013
will he not get anything from his fathers side.will he not get any financial help from her fathers side. what are the rights of a wife if she is being forced by her husband to live seperately from him.
Anusha (Querist) 28 June 2013
he continuously saying me that i have proofs against your father that ur father is a charcterless person and i will show in the court. will these proofs affect my case of getting maintenance. i m in a great depression this time and not able to work.
ajay sethi (Expert) 28 June 2013
your father character has no relation with your claim of maintenance . if you are suffering from depression consult a psychiatrist
prabhakar singh (Expert) 28 June 2013
Your son shall get maintenance for sure and
you too would get if you are sick and unable to work and more particularly when cause of sickness is misbehave of your husband.

The character of your father, good or bad, has no bearing upon your case.
Guest (Expert) 28 June 2013
He should be concerned only with your own character, not of your father or anybody else. Even if he produces evidence about characterlessness of your father in the court, he is likely to get rebuked even by the judge in your case. You and your son, both are eligible for maintenance, but becoming self dependent, at least for yourself, should be preferred when you are more qualified than your husband. However, you must claim maintenance for your son.
Guest (Expert) 28 June 2013
He should be concerned only with your own character, not of your father or anybody else. Even if he produces evidence about characterlessness of your father in the court, he is likely to get rebuked even by the judge in your case. You and your son, both are eligible for maintenance, but becoming self dependent, at least for yourself, should be preferred when you are more qualified than your husband. However, you must claim maintenance for your son.
Raj Kumar Makkad (Expert) 30 June 2013
This is your repeated query need not to be replied again and again.


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