125 crpc...
suryapal singh chouhan
(Querist) 01 January 2013
This query is : Resolved
wife living separately from husband for last 12 year with his son.during this time she never file any application for maintenance and no proceeding has been initiated by husband for divorce also.son is in 12th class. now she want maintenance for herself and for her son (18 year) for his higher study.husband never looked back for last 12 year.husband is earning about 1 lakh per month. however wife also earn about 30000 per month, Can she claim maintenance for herself and for his son for his future study?
Devajyoti Barman
(Expert) 01 January 2013
Under this circumstance the wife can not get any maintenance either for herself or for her son who has attained majority.
R.K Nanda
(Expert) 01 January 2013
no, she cannot claim any maintenance.
Raj Kumar Makkad
(Expert) 01 January 2013
Son can file petition seeking maintenance against his father and he shall definitely get regular maintenance as he is a student, however, his mother can also claim for maintenance on the ground that her income is not sufficient to lead at par life as her husband is living.
