Left in law house due to my safety
Querist :
Anonymous
(Querist) 12 April 2025
This query is : Resolved
Can I apply for maintenance without giving divorce I left my husband house for the mental and physical torcher. Husband having exta marital affair
T. Kalaiselvan, Advocate
(Expert) 12 April 2025
You can very well seek maintenance from him by filing a petition under section 125 cr p.c without filing divorce case.
You should not be employed or having sufficient source of income to sustain your expenses because that becomes the criteria for claiming maintenance.
Querist :
Anonymous
(Querist) 12 April 2025
I have 2 year kid and I am currently not working
T. Kalaiselvan, Advocate
(Expert) 12 April 2025
You can file a maintenance petition under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 144 which provides for the maintenance of wives, children, and parents. The key principle is that individuals with sufficient means who neglect or refuse to maintain their dependents (wife, children, or parents unable to maintain themselves) can be ordered to do so by a court.
Sudhir Kumar, Advocate
(Expert) 12 April 2025
EVEN IF YOU ARE EARNING STILL THE MAINTENANCE OF CHILDREN CAN BE CLAIMED.
kavksatyanarayana
(Expert) 12 April 2025
Yes. Even the wife is an earning member, the children born out their wedlock can ask maintenance under BNSS. sec.144.
P. Venu
(Expert) 13 April 2025
Yes, you can apply for maintenance.
Querist :
Anonymous
(Querist) 13 April 2025
Thanks for your advice. My husband is telling he is already giving monthly expense which I have to beg ever month and he put some amount. He is telling you will not able to clam maintenance from me as I am giving you and I will proof to the court
P. Venu
(Expert) 14 April 2025
You have option to initiate decisive action or to continue to indulge in wordy duels, but not both. Choice is yours.
Dr. J C Vashista 
(Expert) 15 April 2025
It is better to sort out your (personal) problem with your husband before seeking any legal remedy.
T. Kalaiselvan, Advocate
(Expert) 21 May 2025
If the maintenance amount given by your husband is not sufficient or if the amount is not paid regularly then you may better file a maintenance case before court and can get a decree directing him to pay the same every month and if fails to pay the monthly maintenance amount then you can take action to put him behind bars for default in monthly payment.
Dr. J C Vashista
(Expert) 23 May 2025
You should explore the possibility of amicable settlement with your husband and in-laws involving elders / respectable persons of the society/ relatives /friends before initiating legal action.
