• Maintenance for my child and myself

Hi Im 38 year old working women in pvt sector my monthly income is around 1lac
Im separated from my husband and will be applying for divorce soon
He also works in pvt with package of 35-40 lac per annum
My daughter stays with me currently he only pays for her yearly school fees 
No monthly expenses or maintenance nothing 
Currently I stay with my parents but will be moving out to a rented house soon
Please help me what are my rights and what financial support i can seek from him
Asked 5 hours ago in Family Law
Religion: Hindu

5 answers received in 30 minutes.

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6 Answers

You are entitled for interim maintenance for yourself and child 

 

you can also seek alimony in event of divorce 

Ajay Sethi
Advocate, Mumbai
96913 Answers
7819 Consultations

Bank will not remove your name till loan is repaid 

 

2) you can request bank but it is doubtful bank will agree

 

3) you can seek court orders  to direct husband to continue paying the loan 

Ajay Sethi
Advocate, Mumbai
96913 Answers
7819 Consultations

1. Income of wife has no restrain to claim maintenance for the children. In such case both the parents are equally liable to maintain the child.

2. In other words you can very well file case for maintenance of the children. 

3. You have half share in the property and hence claim the same by way of a partition suit. 

Devajyoti Barman
Advocate, Kolkata
23216 Answers
514 Consultations

You can file a maintenance petition for your daughter's maintenance but since you are employed and drawing a handsome salary your application for maintenance may not be entertained,  however you can argue for equal status based on his high salary income. 

 

T Kalaiselvan
Advocate, Vellore
87113 Answers
2338 Consultations

If the house property is on joint names then you can claim a share in it as a right. 

Even though he may defend and try to deny your rights since you are also a co-applicant your claim may sustain. 

Therefore at least for now you don't take any steps to remove your name from the loan

T Kalaiselvan
Advocate, Vellore
87113 Answers
2338 Consultations

  1. Child Maintenance: File under Section 125 CrPC for monthly child maintenance beyond school fees, based on his income.

  2. Self-Maintenance: Courts may deny spousal maintenance since you earn ₹1 lakh/month unless you prove specific needs (e.g., rent).

  3. Joint Property:

    • Claim your share during the divorce.
    • Request removal from the loan or seek monetary compensation for your investment (₹10 lakhs for interiors).

  4. Loan Liability: Ask him to refinance the loan solely in his name in exchange for transferring your property share.

  5. Legal Actions:

    • Send a legal notice for child support and reimbursement of interior costs.
    • Include property division in divorce proceedings.

  6. Documents Needed: Proof of property ownership, loan details, and receipts for interiors/furniture expenses.

 

Shubham Goyal
Advocate, Delhi
138 Answers

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