Legal Question in Family Law in India
I am a single mother with an 18 ur old daughter who s mentally challenged..have been separatedfrom my husband last 11 years..he lives wit someone else in Goa....I also have a 24 year old son....my husband has never contributed towards the upbringing of my kids financially....n find it difficult yo manage my daughter expenses.... I HV filed a case n family court in Jan 2013 for maintenance towards my daughter n court ordered my husband to pay 7000 a month which so far he has been doing... I stay wit my 80 ur old mother who has slight dementia n 82 year old father who is a stroke victim which affected his left side....my mother retired from railways as per the old railway rule a single or divorced daughter Dependant on acparentcs entitled to half their share of pension after their death....I was advised by a few retired railway employees to try n apply for the same.....but I need to be divorced....I HV filed a affidavit recently regd the same but HV not asked for anythg from my husband accept the maintenance towards my daughter tat I get now.....can I ask him for alimony despite getting the maintenance....n will I be granted the half pension from the railways if I submit a letter by my mother stating that I am Dependant on her.....I am confused whether am doing the right thing by filing for the divorce n not askg anythg from my ex....as he cribs he has no money n his business has gone bankrupt on these grounds he had told the judge he wld pay 6000-7000 towards my daughter n was ordered to pay 7000.....also what about after the this maintenance case ends as it will n a couple of visits the judge will pass the order....I am 52 year now n I worry about my n my daughter well being for future....I had asked for one tym payment but my ex said it was not possible to pay....am in real turmoil pl help.
2 Answers from Attorneys
Dear client yr question is too big. So for proper consultation call me on 9422611385
Adv prasad patil
The maintenance orders are variable and one can file fresh case also after change in situation. As of now, there is no harm for you to start getting pension from the railways. If your husband cannot afford more than Rs.7,000/- which amount you say he is paying regularly, there is no point in pressing for more AT THIS STAGE.
Even a divorced lady is "wife" for the purposes of maintenance. Therefore, you will be allowed to claim maintenance even after divorce. Moreover, your daughter being invalid shall be always entitled to claim maitenance from her father.
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