Legal Issues / Divorce & Alimony

How Can My Mother Get Maintenance While Fighting For Her Divorce Case?

How Can My Mother Get Maintenance While Fighting For Her Divorce Case?

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  1848      11/05/2015

Question –

 

My mother is fighting a divorce case against my dad in Delhi Court (filed by my dad). She is looking forward for getting maintenance for me, my sister and my brother. The case is pending since last two years. My mother doesn’t want to give divorce; she is just asking for help from court for providing maintenance to her children but no relief has been received so far.

 

We have changed our lawyer twice but it was of no help, so kindly suggest us what to do further. We want maintenance as soon as possible. Kindly suggest and help us, we will be highly obliged.
- Ritika

 

 

Expert advice –

Dear Ritika,

 

Since this is not a divorce by mutual consent, I would like to know the grounds on which she has filed the present petition for divorce. In any event once she has filed for divorce she is entitled to interim maintenance. Please ascertain whether either of your lawyers had filed an application for interim maintenance. Then please find out whether an order was passed in the said application. If it has not been filed then your current lawyer will have to raise the issue on the next date of hearing and demand interim maintenance.

 

You will have to provide a list of the assets that your father owns and also his monthly income from whatever sources. Evidence such his bank statement, salary slips, title deeds to property, any evidence of rental income that he may be receiving are examples of documents that will help to strengthen your case for obtaining a reasonable amount of maintenance. Has there been an interim custody proceeding? Have both you and your sister stated before court that you wish to live with your mother? That is important for the court to realize that interim maintenance isn't merely for your mother but for three people, i.e., your mother, your sister and you. I hope this helps.

- Nikhil Mehra




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