Maintenance from father
My mother and we can't live with my father anymore as he treats us very badly. He is a railway employee. We(me and my brother) are 18+ in age. My brother is doing B. Tech and his fee is very high that we can't pay without my father's assistance. We can't even meet our basic ends on our own. Is there any way possible that after getting divorce,my mother still gets the financial assistance for our education and for the households as well? Also can we claim for our rights in his property? I beg for the best possible reply. We belong to a Muslim community.
As Salam Alaikum,
Your mother can claim maintainance from your father under section 125 Code Of Criminal Procedure and if yo are minor then the claim can also be filed by your mother on your behalf also.
You mother can apply for a divorce case in the matrimonial district court. A Muslim woman possesses certain rights over the property of her husband post divorce that includes:
- Reasonable and fair maintenance within Iddat period;
- As stated by you, you are residing with your mother; she can even claim maintenance from your father for well-being and for the upkeep of you and your brother.
- An amount equal to the sum of Mahr or dower agreed to be paid to your mother.
- All the properties given to your mother by your father, relatives or friends before, during or after the marriage.
If she does not want divorce then she can just claim maintenance under Section 125 of Criminal code of procedure.
a petition for maintenance u/s. 125cr.pc can be filed by your mother and you and your brother can be a party to it. since both of you are major for you maintenance will not be allowed so, better you put up your case with all your educational details and receipts so that, for the sake of educational expenses it wil get allowed. because proper and better upbringing of children is the responsibility of parents.
for further query feel free to ask
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