Legal Question in Family Law in India
have been married for the last 1and half years. I have faced both mental and physical harrassment from my m-i-l and my husband. I 've a girl child of 10 months. I wanted only a separation from him no divorce. I wanted to get monthly compensation from him. I am not employed. Supposing he denies to give that what can be done? he doesn't have any motive of living separately. I do not want to go thro domestic violence Act. What is the other alternative to get separation as well as compensation from him without any hitch.
I came to know that as my husband is earning more than 40 K the court may grant me an amount of Rs.20,000/- as maintenance for me and child. Is this law same in every state.I am residing in Bangalore.
Moreover will there be any problem with regards to custody of the child. As it is a girl, the custody will be given to the mother only? If he is denying for judicial separation, what is the way out? can he deny to give maintenance?
5 Answers from Attorneys
you have to file a case for judicial seperation there you can get maintainance and if he denied to pay u can execute the order.
I have answered all your queries in detail.
cant answer for your queries here . contact in person.
you may file a petition u/s 18 for getting maintenance from him without filing any other petition and in case you want, you can also go for a decree of judicial separation. in case you file a petition for judicial separation, you may also move maintenance pendente lite.
file a case for judicial separation and maintenance. Custody will be with you.
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