Legal Question in Family Law in India
Petition under sec. 18 and 20 HAMA 1956
Previously I put a question but there was no clarity for the respected attorney�s to answer. I am writing the question in more detailed. Please help me out. My husband has abandoned me at my parents home since march 2008 while i was expecting. I had a daughter in may but he refuses to take us back. I have filed a petition under section 18 and 20 of the HAMA 1956 demanding 2/3 of his salary which is approx. 22 lakhs per annum for me and my daughter. Would like to know my standing and how long would the court take to grant me the maintainance. Also how much is the court fees in maintainance cases?
3 Answers from Attorneys
Re: Petition under sec. 18 and 20 HAMA 1956
you may file another criminal complaint u/s 125 of criminal procedure code and you will not have to pay any court fee for maintenance. as far as ur petition u/s 18 is concerned, u may file an application to sue as an indigent person and save ur court fee. if you can prove that your husband is earning 22L, the chances are good that you may get atleast 8 to 10L a year as maintenance. once u file a criminal complaint, u may also file an application for interim relief and the court may decide the application within months and maintenance pendente lite would be ordered. u may call me at 9811284735 and if possible, send a copy of ur petition.
Re: Petition under sec. 18 and 20 HAMA 1956
(a) I recorded my opinion about the possibility of maintenance amount - which may range around one third of husband's salary for the wife and the child together.
(b) the court fees on maintenance applications is applicable to that which is applicable to misc applications; depending upon the State, it should be something around five rupee to one hundred rupee; there may be some misc expense involved which are better assessed by lawyer's clerks.
(c) the interim maintenance order should come within 2 - 3 months; and finanal adjudication may take time.
Re: Petition under sec. 18 and 20 HAMA 1956
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