Legal Question in Criminal Law in India
Hi My husband has filed for Divorcee on Jan 2009 till now i haven't filed for maintanenace. But i am living sepeartely. He lives in USA. My counsel is asking rental agreement and other bills to claim for maintanence. but i dont have one. is it ok, if i just say i am living in rented house. moreover as our martial home is in USA , i have to furnish all house hold items TV Fridge utensils. etc can i claim that too in
maintanence thnaks
4 Answers from Attorneys
You have to provide details of expenses incurred preferably with proof to claim maintainance. That is why your counsel had asked for the same.
if you have records to show the expenses it is fine, otherwise the court is expected grant maintainance by taking judicial notice of certain facts like standard of living of the parties. if you don't have records nothing to worry. you may not get maintainance to the extent you claimed, but definitely you are entitle for the maintainance. email:[email protected]
you cannot only claim maintenance and compensation as per your husband's living standard but also claim right to residence and rental proceeds.
First of all you must file immediately an application u/s 24 of the Hindu Marriage Act in divorce petition. Besides this, you may file an application u/s 125 Cr. P.C for maintenance and there is no need to produce bogus rental agreement & to produce bills. Moreover you may claim maintenance on the basis of income of your husband.
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