If the husband, neglects to maintain the wife and children, then wife can petition seeking monthly/yearly/lump sum maintenance from husband while living with him or even living separately.
A Hindu woman can claim maintenance from her husband in any of the following laws:
- The Hindu Adoption & Maintenance Act
- The Hindu Marriage Act.
- Under section. 125 Criminal Procedure Code (Cr.P.C)
- The Protection of Women from Domestic Violence Act, 2005
Whereas irrespective of religion, any woman seek maintenance under Sec. 125 Cr.P.C & DV act. A Christian woman can also seek maintenance/alimony under the Indian Divorce Act.
The amount of maintenance/quantum of maintenance depends on the parameters like economic status of the parties, husband’s financial resources, standard of living etc. Interim maintenance can be obtained during the pendency of the case.
Documents required for filing maintenance case:
- Aadhar Card of husband/wife
- Aadhar Card of minor children if any
- Passport Photos of Aggrieved woman & minor children (3)
- Marriage Photo (2)
- Wedding Invitation
- Marriage certificate
- Birth certificates of minor children if any
- Education fees receipts of the minor children
- Medical reports if any
- 3 years bank statement of the petitioner
- Opposite party’s bank statement/Pay Slip/IT returns if available
- All evidences if available (Photos of injury if any sustained in course of marriage, photos of extramarital affair, Videos, chat messages, Emails etc, call logs)
- Property documents if available
- Previous court cases history if any.
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