Legal Question in Family Law in India
Hi, my husband has filed for divorcee in jan2009 in INDIA , we are living seperately from july 2005 due to visa problem. he is in US till 2007 he has given me some very mere amt for my and my son survival. from jan 2008 he haven't paid any amt. i am dependant on my married brother. is it possible to claim maintanence with showing any bills or rental agreement. somesays without bills i cant submit maintanence petition, is it so, can i claim from 2008 itself without any bills ,
3 Answers from Attorneys
yes, you can claim maintenacne and for that you do not need to show any rental bills, if you do not stay on rent. you can claim maintenance under the criminal procedure code, Hindu Marriage Act and/or Domestic Violence Act.
What happened to the divorce case file by your husband?
You can claim monthly maintainance or lumpsum maintainance in that case itself.
In these type of matters it is better to mediate and arrive at a mediated settlement.
regards
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The amount of maintenance may be determined by the court on the basis of 'standard of living' of your at the time of your separation. you may not be required to produce any bills in support of your expenses.
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