uttara (principal) 29 January 2011

maintenance and alimony of child and wife

dear all. i m having certain queries and need ur legal advice

1. my husband wants divorce, m still wants to continue my married life. his decision is firm

2. m living seperately last 2.5 years, having 2 years of daughter with me. living seperatley coz husband beats me, and he wants forces me to go to maternal home.

3. he earns 22 lacs per annum, MNC banglore and my salary is 30000 p.m., daughter is with me from birth till date.

4. how much can i/my child can claim in his salary.

5. wat % child can claim?

6. can we(me n daughter) claim in property dat is in his name? in his bank FDRs? in ancestrol property?

thanks in advance

uttara subramanyam pillai

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GUDAKESH KUMAR (LAW OFFICER) 29 January 2011

First you can file a complaint before the magistrate of the place you are residing u/s 125 of CrPC for maintainance of yourself and your daughter, specifically stating in your complaint that your income is not sufficient to maintain you and your daughter. Regarding the percentage of your husbands salary you can claim is to be decided by court depending upon your requirements and claim. you and your daughter have rights in all the self acquired and ancestrol property of your husband and you can claim the same in divorce.