My husband and I have been separated for almost a year due to family issues. He lives with his parents and hasn’t been able to get his own place because they won’t let him. Now our children are getting older and I need to cover their education expenses. My husband says I should ask my father for the money since I’m not living with him. Can I file for maintenance even though we’re not divorced? Is it possible to get immediate interim maintenance since the case could take a long time in court?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I have been separated for almost a year due to family issues. He lives with his parents and hasn’t been able to get his own place because they won’t let him. Now our children are getting older and I need to cover their education expenses. My husband says I should ask my father for the money since I’m not living with him. Can I file for maintenance even though we’re not divorced? Is it possible to get immediate interim maintenance since the case could take a long time in court?
Vote Up
264
Vote Down
Apni Law Staff asked 1 year ago

My husband and I have been separated for almost a year due to family issues. He lives with his parents and hasn’t been able to get his own place because they won’t let him. Now our children are getting older and I need to cover their education expenses. My husband says I should ask my father for the money since I’m not living with him. Can I file for maintenance even though we’re not divorced? Is it possible to get immediate interim maintenance since the case could take a long time in court?

1 Answers
Vote Up
20
Vote Down

Best Answer

Apni Law Staff answered 1 year ago

Yes, you can file for maintenance even though you are not divorced. Under Indian law, you can file for maintenance under Section 125 of the Criminal Procedure Code, which applies even when couples are not divorced. Courts can grant interim maintenance pending the final decision, especially when there are urgent needs like children’s education.

You Might Also Like

My marriage is in deep trouble. My wife is threatening to damage my career and has been sending threatening messages to my family. I need advice and help urgently.

I’m from Hyderabad and got married in August 2005. My daughter is 9 years old now. After a long and difficult period with my husband, I finally filed a case against him two years ago, seeking both criminal charges under Section 498A and a domestic violence order. The court proceedings are ongoing, but seem to be stuck in a cycle of routine dates. I am struggling to meet my daughter’s expenses, especially with her being in school. I don’t have proof of his current employment, but he used to be a software engineer and project manager in a big MNC. He’s working from home now, but how can I get immediate financial support? I’m really in need of guidance.

My husband started a software company and owns most of it, but he claims he’s just an employee. I want to know more about his company. How can I find out who it’s registered under and other details?

Is a divorce granted through the traditional Vankar community practice in Gujarat, where the couple signs a paper or stamp paper, legally valid for remarriage? Does this customary divorce require a waiting period before either party can remarry? I would appreciate guidance on this matter.

I married in 2002 and have a son who is 9 years old. My wife and I have faced many challenges in our marriage, and I wanted a divorce. I left her and moved to a different city in 2009. For the past 4 years, I’ve been living in Canada without her knowing. I’ve tried to discuss divorce with her and her family, but she’s been uncooperative and seems to be making things difficult. We haven’t lived together for 6 years. I want to get a divorce and marry someone else. What are my options?

Share This Article
Previous Article My wife, who is Hindu, and I recently got married. Lately, she’s been going back to her parents’ house after small arguments, sometimes even being brought there by them. We were recently on a trip, and she left to go home. Now her parents are spreading rumors that I abandoned her in a strange city. They want us to live together again, and she’s threatening suicide if we don’t. I’m worried about false accusations. Would a written commitment from her parents help?
Next Article My case under Section 125 of the CrPC was dismissed because I didn’t appear in court. Can I get it back? If yes, what do I need to do?

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.