rohini (asdfsdf) 28 November 2012
My husband is a driver and earning 15k per month. I am working in private concern and earning 30k per month. I have a daughter studying tenth std and boy studying in 8th std. Husband not giving money for the past five years and left out and applied for divorce one year back and asking for visitation rights.He had never taken the responsibilities for taking care of kids until now. I want to know what can be done to ask maintenance for the kids from him.
ajay sethi (lawyer) 28 November 2012
you are entitled to make an application for maintenance of children .court will grant you maintenance for children
dont agree for divorce unless he is willing to pay for child maintenance
rohini (asdfsdf) 28 November 2012
Thanks for the reply. Should I say frankly that I need child maintenance then only i can give divorce.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 28 November 2012
You need not say for divorce just for getting maintenance fo your children as this is the right of your children to get maintenance from their father till they are studying. You shall have to file a petition under section 125 of criminal procedure code before family court for this purpose and it sould have been filed years ago.
rohini (asdfsdf) 29 November 2012
Actually the counselling is going on. How much amount of money can i ask
ganesh (advocate) 29 November 2012
you can ask in respect of your education and maintenance of your children. the amount depends upon that only.
RK (adada) 29 November 2012
Rohini
Court normally fix up 1/3rd of Husband salary as maintanance but you need to prove his salary in court
Its always better to part ways mutually in a complete breakdown of marriage since Legal battles takes years to be sorted out.
Going to the court to take justice should be the last option when all the Communications or discussions does not lead to any conclusion.
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