Legal Question in Family Law in India
Maintenance
I am a hindu female. Got married on the19.02.07. Was sent to my parents house for my delivery in March 2008. Had a daughter on 16 may 2008. My husband refuses to take us back. I am filing for maintenance for myself and my 5 month daughter. I had 1 query. Am i entitled to file a petition under the HAMA 1956 as the statutory 2 year desertion period is not completed. What i mean is that am i only entitled to file for maintenance after 2 years under the HAMA? I do not wish to file under 125 Crpc or the DV act.
5 Answers from Attorneys
Re: Maintenance
the two years period is for filing for divorce on teh ground of desertion you can file suit for maintainence
Re: Maintenance
You can claim maintenance for you and your child. Desertion period of 2yrs is only for Divorce.
Re: Maintenance
Yes, you are entitled to file for maintenance; the desertion period is required for divorce not for claiming maintenance under section 18 of HAMA. You may also reconsider your decision to pursue remedies available under DVA.
Re: Maintenance
You and your child are entitled for maintenance.
Re: Maintenance
Claiming maintenance for mother and child is right. Try to reconcile matter out of court.
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