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Vandini   12 January 2022

Maintenance after 7years

Hello Respected sir/madam,
I had been living separately from my husband for the last 7years having a son of age 11years..I never applied for maintenance but many times ask him to give minimum amount for both of us but he refused n once in a year sending 3 to 4k Rs in my account..He is state govt employee..earlier i was working in a private organization but due to covid I lost my job for the last 2 yrs and I now want to apply for maintenance..I just want to know the procedure for it n
will I get the maintenance after
7years and what amount did I get as he is getting 50-60k net salary.
please guide me.
Thank you


Learning

 6 Replies

Dr J C Vashista (Advocate)     13 January 2022

Both of you should apply to concerned court, you are entitled for maintenance irrespective of the fact that you did not demand (legally) for the last 7 or 20 years.

Contact, consult and engage a local prudent lawyer for necessary proceeding. 

Advocate Bhartesh goyal (advocate)     13 January 2022

Yes, you and your son are en titled to get maintenance from your husband..File petition u/sec 125 Cr.P.C through lawyer in concerned court.

Real Soul.... (LEGAL)     13 January 2022

Just file the application unders section 125 r pc  in the court and  seek maintenance from the date of seperation; Mention pervious date and also file aacounts in affdavit by stating your expenditure.

You are entitle to maintenace for yourself and your child.

 

V.S.R.Deekshitulu (Advocate)     13 January 2022

There is no limitation for filing maintenance case, since it is a rucurring right. File a suit orproceedings uinder Sc. 125Cr,P,C, of D.V.C. or under The adoptions and maintenace Act.

 

P. Venu (Advocate)     13 January 2022

Yes, no limitation applies as cause of action is continuous.

Aryan Raj   13 January 2022

In response to your query,

Section 125 of the Code of Criminal Procedure-

This code provides that any person who has sufficient means to maintain himself cannot deny the maintenance to the wife, children, and parents if they are not able to maintain themselves. Because there are no limitations for filing a maintenance case therefore you are entitled to get maintenance from your husband for your son and yourself. You just need to file an application for the same.

Regards, 

Aryan Raj 
 


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