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Maintenance
Question
I had filed for 498A on 2010 after my husband abandoned me and 4 yr old son just after my parents’ demise. My marriage took place on 2000 and he got a govt job as Asst. Professor in 2007 .I had been providing for all his expenses including his educational expenses from the time of marriage till he left in 2010 and had to sell my properties to meet the expenses.
From 2010 I and my son have been staying in a rented flat.In 2012 I had filed for maintenance but as my husband is very influential adv did not appear .The case must have been dismissed for non appearance as I couldn’t continue the case as I was short of money. Whenever I ask my husband to pay atleast half of the expenses of my son he asks me to go to court and not to contact him.
Is it possible to restore the maintenance case that I filed on 2012 ? If so will I and my son be entitled to get the maintenance from 2012 till 2023 .My only monthly income is Rs.12000 and that is not even sufficient to pay rent and had to sell 2 of my properties and have a debt of more than 25 lakhs in banks taken for our expenses
Answer ( 1 )
Your previous application cannot be restored.
If you are not paying sufficient income, approach your area district legal services authority which provides a lawyer free of cost to the needed person.
Further, your husband is liable to pay maintenance to you and your son if you are not able to meet expenses. You will not be able to get any expenses from 2012 however you will get it from the day you file another petition.