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lifeisbeautiful (searching)     07 June 2014

How to file for maintainence

Hi,

 

I have been separate from my husband and staying at my parents place since november. Its been over 6 months and now i feel my husband and my in laws do not want me back as none of them has ever called me or responded to my phone calls. I have getting a very minimum pocket money from my husband each month where as he is earning handsome. All my clothes and streedhan is kept at my in laws house. Neither my husband is filing for divorce nor is he calling me back or showing any further interest in this marriage. I need help now as i am fed up of waiting.I am not getting any lucky with my job and trying for it past 6 months. I am staying with my retired parents and want to know how can i file for a fixed maintainence from husband even if he is willing or not willing to give divorce. what is the procedure. Can i also file for divorce now as i have been separate for more than 6 months now. Pls advice.



Learning

 13 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 June 2014

Dear Querist you can file maintenance case u/s 125 of Cr.P.C along with an interim maintenance application u/s 125(3) of Cr.P.C. feel free to call
1 Like

(Guest)

@ lifeisbeautiful,
gud selection.
fail to understand thn why make ur life HELL by entering into litigation.

"https://www.lawyersclubindia.com/forum/details.asp?mod_id=95697&offset=1#.U5KRbPtS7zY"

says another story abt duration of your marriage.. pl. chck..

beside, frm ur own word " he doesnot give divorce" thn u dont get message tht he want u.
inspite of this, why u insist he take initiative to divorce. u give.

Adv. Chandrasekhar (Advocate)     07 June 2014

Yes. You should follow the advice of Sh. Nadeem Qureshi.

1 Like

lifeisbeautiful (searching)     07 June 2014

@ liar, if you have checked my other post which clearly said that i have been married now for almost 4 years and since then facing incompatibility issue and frequent fights and since november last year am staying with my parents. The reason he is not initiating divorce is not because he wants me back. he is avoiding divorce only to avoid any maintenance or alimony. If he really wanted me back he atleast could have tried to call me or meet me once in past six months. he has not even bothered to answer my phone calls which i tried in last six months. Neither his parents or anyone from his family contacted me. It is very clear that he does not want me back in his life. There is just no love left in our marriage. i also have doubts of his affair outside our marraige as he has been chatting, sharing messages and meeting a friend of his who is a divorcee.

@  Mr.Qureshi, thank you for your advice. Can you please also tell me how much would be the legal cost involved for filing maintenance case.

Thank you!!

lifeisbeautiful (searching)     07 June 2014

Maybe now yes i am  ready. I have been trying pst 4 years in my marraige and its everytime me who apologize and try to mend things. This time too i have tried but in vain as im not getting any reply from him. All he is saying to my messages is that he is ready for divorce but still not filing himself. For  how long will i lead such a life or for how long will i wait. I am already 32, i have still not concieved. Like every other women i too wish to have my own child. Neither he is giving divorce nor calliing me back. Also i am not getting any job and its getting difficult for me to manage expenses with my retired  parents. I already feel like a add on liability to my parents. 

Since my husband iss ready to give divorce there seems no point to compromise  and still wanting to be in a marraige where there is no love left.


(Guest)

gd.dy.,
thgh u r very much intelligent, cann't resist to draw ur attention.

experience frm ur direct approach, nothing to say bt if u give the responsibility to others, thn hard to predict.
tht why do bend on others bt nt rely blindly. do try once fr urself to chck.
it is ur life.

in social stigma, ego issue is there. it is common. no one prefer to speak directly. thts why.

u r 32 thn atleast he is of same age.
every couple luv their child. don't differentiate who more. both equally luv their offspring.

generally heard abt incidence of cut/not lifting/give vague answer r frm girl side. seems in ur case side is changed !!!!

hw do any one knw abt others after separating ?
m sure u take help of third eye.

chatting, sharing messages and meeting with other is naturally bad thing bt i assume it was after u left otherwise one has no daring to run this activity in the presence.

thgh there is no question to doubt, still feel to take ur every word with a pinch of salt.

ofcourse it makes no differance to u.

just advise u let try fr once to approach ur hubby direct.

1 Like

lifeisbeautiful (searching)     07 June 2014

@ braveheart, no, i did not leave the house on my own. My husband called my both my parents at his place and asked them to take me bk home in front of my in laws and my in laws supported my husbands decision. and what needs are you talking about. He showed no interest in my since August 2013 and maintained no physical relation what so ever maybe becoz he already had that female in his life and he lost interest in me. He wanted me to leave his house and since then he has not called me once. Now coming to your point of looking for a job...did i mention anywhre i am looking for a classy high paid job? I left as an AM, and past six months i am looking for a decent front office job where i get paid minimum enough to take care of my expenses, my parents as well as save a bit for my future. My husbands monthly earning is more than 3lacs a months and what i get out of it is minimum 7k. DO u think this is fair enough??

I am not demanding his love anymore coz i gave my heart and soul in this marraige and he and his family is well aware of this but has high ego to accept this fact. I only want a decision for my life as he is not filing for divorce but asking me to do so, i dont know why? 

@ liar, thanx for ur words of wisdom...

I just wish to know how much would it cost to file for maintenance with lawyers.

Thanks everyone!!

T. Kalaiselvan, Advocate (Advocate)     07 June 2014

You have stated to live separately from your husband, is it voluntary from your side or you have been thrown out due to misunderstandings or disputes between you both? You have not stated that whether you are employed or not and in case you are employed are you drawing lesser salary than your husband?, How long have you been married, are you both blessed with child/children?,   The answers to these queries will determine the eligibility for seeking maintenance from him accordingly.  In any case, you can file a maintenance case against him u/s 125 Cr.P.C. and in that itself, you can seek interim maintenance too.  Consult a local lawyer,apprise him of your situation and proceed as per his advise.  About lawyer's fee for the purpose will depend on the lawyer you approach, there is no fixed fee.

Samir N (General Queries) (Business)     07 June 2014

@lifeisbeautiful, Without going into the merits of your situation, here is some advice on the specific question that you have asked regarding fees for filing a maintenance application:


It appears that you can write reasonable well, at least enough to file an application for maintenance. Therefore, do not retain an advocate. Write an application yourself, file it and litigate it, all on your own. There are many advantages to doing this, least of which is that you save monies. Following are the steps to follow:


a. Write an application with the appropriate title such as "Application for Maintenance U/S....." or "Application for Interim Maintenance U/S ...." (U/S refers to Under Section).  Have the following information in it, under appropriate headings:  Matrimony History,   Status of Husband,  Your current status, Why you are not able to maintain yourself. The key is "why you are not able to maintain yourself." Write details on attempts you made to get a job, your current expenses, etc.


b. Go to the Family Court, meet the Registrar or whoever is in charge. Inform them about your intent. They will explain the procedure to you. Bring a few copies along with you. 


c. A petition number will be assigned. A date will be set for the first hearing after the application is served on your husband.


d. That's it... you are on the roll. You will figure the rest yourself along the way.  He will file a response or a Written Statement. You can file a rejoinder (I think) which is your reply to his response. There may be trial, witnesses, affidavits, cross-examinations, etc. Finally, there will be arguments. Make sure you present arguments in writing and refer to some Judgments. 


I LIKE TO ENCOURAGE PEOPLE TO REPRESENT THEMSELVES IN LEGAL CASES.   ONCE YOU GET A HANG OF THE PROCEDURE, YOU WILL BE VERY CONFIDENT IN THE FUTURE TO HANDLE YOUR OTHER CASES TO. GOOD LUCK!!!


2 Like

Biswanath Roy (Advocate)     09 June 2014

1. Try to mediate the differences by your well wishers and family friends.

2. Claim your accommodation in your matrimonial house.

3. Claim maintenance.

Sandeep Aggarwal (Advocate)     12 June 2014

contact a lawyer and file your cases. You can claim good maintenance. Even divorce can be  filed by you. You can also contact me. i.e. Sandeep Aggarwal Advocate. 09815500400.

Puneet (Victim)     12 June 2014

@lifeisbeautiful

In your case it is very clear that your husband is not anymore interested in this relationship and also there are no kids involved then why you waste your time and energy with court cases and litigation.This will give you nothing other than waste of time and paying money to the greedy lawyers.

 

You have mentioned that his parents don't care.I think you are married to the man not to his parent and i am sure old age parents cannot do anything any you should leave them in peace.

 

I would say you should apply for divorce and if he does not respond then get it ex-parte and start a new life.There will be lawyers who will advice you to file false case against his parents and claim maintenance but if your husband does not respond or he leaves the country then you will grey your hairs running after court and lawyers.

1 Like

Gautam Kapoor (IT professional Studying Law)     14 June 2014

life is indeed beautiful if lived with dignity and self respect and not demanding alms which are meant for the poor and indigent ladies who are the truly aggrieved.


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