MAINTENANCE LAW
Under the above provision the maintenance may demanded by the following if they are unable to maintain them:
- Non working Wife from the Husband
- Children from the both the parants
- Mother from the Sun, daughter if any
- Father from the sun, daughter if any
The Maintenance Petition under section 125 CrPc may filled before Principal Judge Family court if you are residing in Delhi. However in some of the state like Uttar Pradesh, Haryana the petition may be filled before the Chief Metropolitan Magistrate or Chief Judicial magistrate as according to the Law of state.
Under Section 24 Hindu marriage act a Wife can claim maintenance from her husband for her daily expanses if she is unable to maintain herself.
However it should be remembered that a separate petition shall not be file under this law but an application under this section need to file if any matter under Hindu Marriage act is pending before the Hon’ble court.
However the Law of matrimonial somthing more bending towards female as the cases of ruining the life of female are not under control, and considering the female a weaker than male there are very limited procedure for male in law to save him.
Hence the husband under this section may demand maintenance from his working wife, if her husband is not working or his income is less than that of the actual income of the his wife.
Alike section 24 Hindu marriage Act an application may filled before the concern Judge while a running case under Hindu marriage act, 1955.
When an application under section 12 domestic violence act by a best domestic violence lawyer in Delhi to get relief under various sections of Domestic violence act, applicant need to file an application with supporting affidavit to get maintenance for her.
As I have detailed discussed the Domestic violence in my web page, not providing financial add to the wife is falling under definition of ‘cruelty‘ and punishable under domestic violence act.