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Mahalakshmi   18 February 2016

Maintenance claiming

1) I am an unemployed housewife(age : 56 years)

2) My husband(Central Govt Retiree, aged 65 years) has started living separately from me since 2012.

While I live in the ground floor, he lives in the 1st floor of the same house(constructed & owned by him)

3) He does not pay any compensation to me, except for allowing me to take shelter in house as told above, use some of his things like sofa, stove, fridge, Washing machine etc.(which he keeps using frequently and goes back to his 1st floor abode)

4) Can I claim maintenance from him? Apart from susbsitence, medical  allowance what else am I entitled to? CAN I RETROSPECTIVELY CLAIM MAINTENANCE i.e SINCE 2012(from the year of his abandonment)?

5) He has physically & mentally abused, insulted me in the past , sometimes along with his mother & siblings without any respect for me , which has caused enough anguish to me. Can I file a Domestic Violence case against him and my in-laws?



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 2 Replies

Sidharth   18 February 2016

You can claim your rights by DV Act. But if you said you need maintenance from 2012 it will arise question, how are you surviving without husband help? 

It will give him escape route, Better to be limited with allegations. Court will only allow maintenance from date of filing case.


(Guest)
Originally posted by : Mahalakshmi
1) I am an unemployed housewife(age : 56 years)

2) My husband(Central Govt Retiree, aged 65 years) has started living separately from me since 2012.

While I live in the ground floor, he lives in the 1st floor of the same house(constructed & owned by him)

3) He does not pay any compensation to me, except for allowing me to take shelter in house as told above, use some of his things like sofa, stove, fridge, Washing machine etc.(which he keeps using frequently and goes back to his 1st floor abode)

4) Can I claim maintenance from him? Apart from susbsitence, medical  allowance what else am I entitled to? CAN I RETROSPECTIVELY CLAIM MAINTENANCE i.e SINCE 2012(from the year of his abandonment)?

5) He has physically & mentally abused, insulted me in the past , sometimes along with his mother & siblings without any respect for me , which has caused enough anguish to me. Can I file a Domestic Violence case against him and my in-laws?

He simply got fed up of you and started living on your head (first floor).  Gawd, marriage does things to you for sure.

You are saint enough not to make hiim evacuate the building itself.. heheh

You should thank him for not abandoning the ship or rather he should be thankful to you that you did not make him abandon the ship.

You are not eligible to get compensation which ever way you look at it, above adivce regarding filing DV case is wrong, you both stay in same building, you wont get maintenance.

And you cant claim maintennace from 2012 or 2016.

Look at your English, go get some online job.

Dont scare your husband too much, he might run away without even telling you.  At least have pity on him now in this old age.


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