You are entitled for interim maintenance for yourself and child
you can also seek alimony in event of divorce
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 1 month ago in Family Law
Religion: Hindu
12 Answers
During our marriage we purchased a property in joint name for which he paid but the loan is in joint name and Im the primary borrower I no longer stay in that house and wish to get my name removed from the loan What is the best approach for me here and do i have any right to claim the share in the property Plus i paid around 10 lacs for the interiors and furniture of the house can i claim that amount? Please advise
Asked 1 month ago
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
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.
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.
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
The best way is to part ways with mutual consent as all issues can be settled before moving the court. Filing multifarious petitions will be futile. Even if any matter is pending, get settled through mutual consent.
G.Rajaganapathy,
Advocate,
High Court of Madras.
1. Since you are earning sufficiently, you may not get any maintenance, in view of the latest Supreme Court ruling. So even moving to a rented house may not produce the desired result, on the contrary it may prove counter productive.
2. However, your child will get maintenance for sure.
1. The only way to get the name removed as a borrower is repaying the loan in entirety or through an agreement with your spouse translating into a consent decree. Without a decree the joint loan cannot be transferred to one co-borrower.
2. You have an equal share in the property for which there is a joint sale deed.
3. The amount willingly spent on renovation of the house cannot be recovered.
- Your child has right to claim maintenance from father , and hence you can file a petition on behalf of your child for claiming maintenance from husband.
- However, your chances to get the maintenance is very less , as your income is sufficient for your maintenance, but you have residential right from him.
- You have right to claim Alimony from your husband at the time of divorce
- If your husband is paying the EMI of loan , then he can be single owner of the property after filing a suit before the Court., You can recover the invested amount from your husband in the interior.
- Only after getting the divorce decree your name can be removed from the bank loan account. However, you can give an application to the said bank for removing the name on the ground of pendency of case.
Dear Client,
In the Present Scenario, as a separated woman earning ₹1 lakh monthly and with your husband earning ₹35–40 lakh annually, you will usually be entitled to financial support under Indian law. While your income is substantial, you may claim for spousal maintenance, thus ensuring equality in the living standards. With respect to your daughter, who resides with you, you may demand a monthly child maintenance amount, in addition to the school fees already paid, so as to cover the expenses of living, education, medical and so on. Further, you may also be entitled to seek for housing support such as rental expenses or alternative accommodation. During the divorce proceedings, you may also seek for alimony, either in lump or as monthly payments, depending on your financial needs and the court's discretion. Hence, it is suggested that, you file for child maintenance, spousal support, and housing assistance so as to support your living and secure your child's future.
Hope you find this answer beneficial for resolving the dispute.
Dear Querist
you may file a maintenance petition against him before the family court under section 144 of BNSS and claim maintenance for yourself and for your minor child and being the husband of yours and being the father of the minor child he is legally duty bound to pay maintenance. As you informed that you are also working and earned than also you will be entitled to get maintenance from him as per the status of your husband.
you may issue a legal notice to him and demand your amount which was expenses by you for the interiors and furniture for the house or may claim the share in the property.
you may also issue a legal notice to the bank or financial institution for removal of your name from the borrower.
