Legal Question in Family Law in India
I am getting 15,000 as personal expenses in DV ACT.
Can i still claim for maintenance under section 125 as my husband has denied giving money
for household and other purposes i have two children and his monthly income is 3lacs.
Will the maintenance amount be lifelong even if we get divorced?
My husband is threatening me to divorce.
Giving one time alimony or monthly maintenance will be his decision,mine or it will be the decision of
court.
2 Answers from Attorneys
The expense amount you are getting is too less in terms of your husband's income. You are entitled to seek maintenance under the HAMA. An application u/s 125 is NOT advisable. As per law you are entitled to living expense as per "standard of living" of your husband at the time of separation.
The maintenance decision will be finally taken by the court and you may be given an option to choose - monthly allowance or a permanent alimony.
yes, you can claim the expenses separately under DV Act and there are different heads of expenses mentioned in DV. have you got 15k as maintenance towards yourself or your kids as well. you need to reproduce the order of court for better opinion.
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