Legal Question in Family Law in India
Can I Still get maintenance if I file a Divorce
I am married for 2+ years and have a male child just 4 months old. My In LAws harrased me too much for Dowry and therefore I filed a case against them and am living with my parents.
Now I also want to file Maintenance case to get montly maintenance and also a Divorce Case. My Question is if I file a Divorce case, will I still get maintenance because somebody told me that if you initiate a Divorce Court will not Grant Maintenance to you.
What is the maintenance amount I would get for myself and my child. My Husband earns around 50- 60 K per month but I think he does not file any Income Tax return as it is totally business Income.
5 Answers from Attorneys
Re: Can I Still get maintenance if I file a Divorce
Other cases will not impact on your maintenance. If you prove can proof your husbands income, his self earned properties then definately you will get from 15 to 20 thousand per month for both of you and your child.
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Re: Can I Still get maintenance if I file a Divorce
you can get maintenance and filing of Divorce case has nothing to do with it
Re: Can I Still get maintenance if I file a Divorce
you can file case for maintenance whether divorce has been granted or divorce case is pending.
regaring the amount of maintenance, if you prove that your husband is earning 50,000/- Pm it will range between 10k to 15k .
Re: Can I Still get maintenance if I file a Divorce
yes u will still get the maintenence for you and child but u should not be earning. you can go for settlement by one time payment by your husband.
Re: Can I Still get maintenance if I file a Divorce
You may get maintenance with or without filing for divorce; Depending upon the evidence you may bring in court, you may expect the court to grant you approximately twenty thousand rupees a month depending of course upon the financial status/living standard of your husband at the time of separation.
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