Legal Question in Family Law in India

yes you can claim maintainance under section 125 crpc.

As far as maintenance and myself is concerned, you may get it even from pension

dear client if u have no other source of income then u can ask maintenance from husband. for any legal help call me on 9422611385

ADV PRASAD PATIL

It has been held in various cases that where the personal income of a deserted wife is insufficient to meet her needs she can claim maintenance from her husband under Section 125 of the Code of Criminal Procedure. Section 125 of CrPC envisaged a speedy remedy for the provision of food, clothes and shelter to the deserted wife.

Under the law, the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. Second, there is an inseparable condition which has to be satisfied, that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife.

You may get a lawyer to file an application under Section 125 CrPC, on your behalf. You have to have fulfill the 3 conditions as has been mentioned by the Courts, which I have stated above. In your case, your husband has deserted you for two years; he has an income, he does not maintain you and you are unable to maintain yourself. In my opinion, a strong case for maintenance is made out and the Court will grant you maintenance.

Get an expert lawyer to guide you through the case. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com