Maintenance in Divorce Case

Querist : Anonymous (Querist) 24 December 2009 This query is : Resolved
Hello Sir,

My husband has filed for divorce and I am planning for contesting the case because I want to retain my marriage but I dont have sufficient money for the fees of lawyer and to run my home on monthly basis. So in this case, if I apply for maintenance ( I am not talking about interim maintenance), then will judge think that I am ready for divorce but I want only maintenance and will grant divorce to my husband ? Because judge is nothing but a human being who can think this way too. Pls tell me the effect of my applying for maintenance on my entire case. Which section I should refer for maintenance.
Thank you

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N RAMESH. (Expert) 24 December 2009
You are wrong.

Maintainance is your right and seeking such a relief will not have any effect on your contention in the divorce case.

it is very common to ask maintainance pending divorce proceedings. It will not give any such impression on (Court) judge, as you feel.

prakash vathore (Expert) 24 December 2009
i agree with n ramesh.

Adv Archana Deshmukh (Expert) 24 December 2009
Don't worry, asking for maintenance does not imply that the wife is ready for divorce. If the divorce is filed u/HMA you can file an application u/s.24 for maintenance pende lite i.e. maintenance till the case is pending in the court along with the expenses required to defend the same.

SHYAMSUNDAR (Expert) 24 December 2009
You can apply for divorce. In case u cannot afford fees there is wing in Court Called as "Free Legal Aid Committe". You can approach it for seeking free help.
And the two aspects are different dont mix the divorce and maintenance with each other.
N if possible try once again to Settle the Case with husband and lead a happy Life.
Wishing u bright future.

SHYAMSUNDAR (Expert) 24 December 2009
sorry it should have been
You can apply for Maintenance.

PJANARDHANA REDDY (Expert) 24 December 2009
INDIAN LAWS ARE PRO WOMEN, U CAN ASK WHAT EVER COMFORTABLE TO U THROUGH UR LAWYER WITH PROPER MEMO.

Ashok Yadav (Expert) 24 December 2009
I am agree with the experts- Adv. Archana & Shyam Sunder

Sukhija (Expert) 24 December 2009
u can contest ur case and oppose Divorce and at the same time ask for maintenance and cost of proceedings from the court. Engage a lawyer n proceed. Asking maintenance wont prejudice the mind of court. On merits u will or wont get divorce but maintenance u will get from the dt of interim maintenance application made by u.

adv. rajeev ( rajoo ) (Expert) 24 December 2009
Just file an application u/s 24 of Hindu Marriage Act in the same divorce petition filed by your husband seeking monthly maintenance and to pay the advocate's fees. You need not to file separate criminal miscellaneous for the maintenance and even if it is filed there is no wrong.

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 December 2009
I do agree with my all Ld. friends.

Arvind Singh Chauhan (Expert) 24 December 2009
All learned members have made clear the picture.

subhash kumar (Expert) 26 December 2009
you can file the application under section 24 of HMA for pendent lite maintenance and you can also filed the petition under section 125 CrPC for maintenance and also can moved application for interim maintenance alongwith the main petition U/S 125 CrPC it will not effect the maint Divorce petition pending .can also appraoch the Legal Aid Service for availing the services of Advocate for free.
Subhash Kumar Adv

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