Legal Question in Family Law in India

Re: Which Case to file for claiming Maintenance

You can file maintenance under section 125 for yourself and on behalf of your child in your current case itself also. No need to file any other case but you have to prove that you are living seprately and dont have any other appropriate source of income and your husband is not giving you any panny. But also decide it whether you want to live with your husband or not. All the above three will help you also and under section 24 HMa you will also get the litigation expenditure from your husband.

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Re: Which Case to file for claiming Maintenance

you can cliam maintaince in all the three cases. if you are seeking only mainantaince then you can file a petition under 125 or even asuit for teh same. in case you want divorce also then you can file for both in teh said petition. In domestic violance case you can calim maintainece as well as compensation for harassment undergone by you

Re: Which Case to file for claiming Maintenance

depending on the circumstances and urgency and proofs available you can file the cases.If possible contact personally with full details.

Re: Which Case to file for claiming Maintenance

it is better for you to file petiton U/s 125 Crpc for permanent as well interim maintenance for yourself as well as your child. unlike any other provisison, in this you can also file an application for enhancement of maintenance in future as per the circumstances.

under sec. 24 of HMA, you will get the maintenance only during the pendency of the suit and not therefater.

Domestic Violence Act is littile bit better. now the advocates suggestfor the domestic violence act as in this along with maintenance, you also get the chance to Harras your in laws in any manner.

Re: Which Case to file for claiming Maintenance

You are entitled to maintenance.

The maintenance may be claimed u/s 125 Cr. P. C., D.V.A., H.A.M.A as also in a Divorce petition under HMA.

If you do not want to file divorce, and are only interested in maintenance, you may pursue your remedy invoking powers of the courts under H.A.M.A. and DVA, together in one single case.