I get divorce by expartee and nothing gets neither alimony not maintainance..I have a baby boy of one and half year
Dear Client, As per your query, even after an ex-parte divorce, you can claim maintenance for yourself and your child under Section 144 of the BNSS, 2023. Under this, the court may pass an order directing your husband to make suitable provision for your maintenance. For permanent alimony, you can file a petition under Section 25 of the Hindu Marriage Act, 1955 for a lump sum or periodic payments. You can even file a case for child support under the Guardians and Wards Act, 1890, for your minor son as he is entitled to be maintained by the father till he attains majority. Feel free to book an appointment for a detailed discussion on the issue.
Dear Madam, It seems you have not claimed alimony under section 24 and 25 of Hindu Marriage Act. You may file maintenance case for yourself and your baby under section 125 of old CRPC. (Now BNSS)
