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Maintenance

Querist : Anonymous (Querist) 01 December 2017 This query is : Resolved 
Im having 1 year old boy baby now after ivf treatment because of male factor ... my mother in law tortured me many times for dowry and all ... in my husband side no one s come for pick me and child there.. they all are maintaining silence .. im living n my mother home with my child for d past one and half years ... no sex relationship between me and my husband from day 1... after doctor check up only i came to know about his infertility ... so only ivf treatement after that all efforts god gave me a handsome boy baby ... my question is ... im not ready to divorce my husband ... i need maintenance for my baby .... is it possible... suggestion please ...
Querist : Anonymous (Querist) 01 December 2017
After ivf treatment my health s so poor ... i want to take care of my child... i need maintainence from him ... without divorce is it possible ? ... and one more thing is all mistakes are in my husband side only ... so only they all are maintaining silence ... suggestions pls
Vijay Raj Mahajan (Expert) 01 December 2017
A husband to his unemployed, non-working wife and father to his minor child (infant in this case) is supposed to provide maintenance for both based on his own income and requirement of his dependent wife and child. The medical expenses apart from the daily routine expenses are all his responsibilities which he cannot avoid or ignore.
You should demand the same from him immediately by sending him mail/message yourself and preserve these for the purpose of evidence. If he is not responding than you will have to file for maintenance as well interim maintenance under section 125 Cr.P.C by filling petitions for these in the Family Court of your district where you are living now. The husband will be ordered to pay interim maintenance as the earliest while main petition for maintenance will be decided too by the court in your favour.
You should be aware of the source of income, amount of salary or income that husband is getting every month along with his bank balances in his accounts. The property that he owns and from which he gets income will also be considered and so will be the family business if he is involved in it.
Querist : Anonymous (Querist) 01 December 2017
Thank you ...
P. Venu (Expert) 01 December 2017
Yes, you and the child are entitled to maintenance. You may approach the competent court.
R.Ramachandran (Expert) 01 December 2017
Sitting at your mother's house, you cannot expect any maintenance from your husband. You have to go to your matrimonial home. If he is not maintaining, or torturing then you can file Domestic Violence case and ensure that he provides proper maintenance to you and your child. Therefore, please don't be under the impression that without going back to your husband's house, you will get maintenance. Certainly NOT.


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