maintenance and judicial seperation

Querist : Anonymous (Querist) 31 May 2011 This query is : Resolved
i have had areconcilliation with my husband who is an commercial pilot agreeing to pay same amount of interim maintenance provided by delhi high court , amount being 30000 in year 2006 which covered our kitchen and hosehold expense and aalso my daughters fee.susequently he moved the amt by 5000 which was soon insufficient as my daughters montly fee came to 15000.in the mean time my husband became abusive and nasty in his language , he would usr words like rape , sex , girlfriends in front of my daughter.iam thinking of aplllying for judicial seperation and can i apply for revision in maintenance also can my present matrimonial home be allocated as seperate residence .my husband has two flats in dwarka , the present one he has transferred in his mothers name to escape cghs rules which permits him to buy only one property.his montly gross would be 4 to 5 lakhs.how much maintenance can i get

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Devajyoti Barman (Expert) 31 May 2011
Your monthly maintenance should be around 1/5th of his income though not more than that.
Whether you file for judicial separation or divorce, you could always file cases for maintenance for yourself and your children along with provision for accommodation u/s 12 of PWDV Act as well as u/s 125 crpc.

M.Sheik Mohammed Ali (Expert) 31 May 2011
yes, i do agree mr.barman query reply

M/s. Y-not legal services (Expert) 31 May 2011
Yes madam.. Just file a maintenance case.. You have to decide that whats your day to day expense and your child's education expenses.. I think earlier maintenance is orall between you.. Not court's order. Then whats your problem, just file maintenance case.

M/s. Y-not legal services (Expert) 31 May 2011
Then about judicial separation think well then decide your self. Cos its not only your future also your daughter's future. If she missed her dad's love, care, nearness mean can your maintenance amount give it to her? So just try to find his problem that why he behaving rudely. Give a chance to him for realise his mistake..

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