Can my father be forced to pay maintenance if divorced?

My father (56) has been an abusive and violent person towards my mother (54) since I can remember. Now, after so many years, any hope of changing him is fading, and things are getting worse. If I take my mother to live with me, can we make my father legally obligated to pay her half of his pension as maintenance? Is there any law or judgment in such situations that would make him understand that if my mother files for divorce, he still has to pay maintenance? We want to avoid public drama, as everyone will know about their divorce. P.S. I am not a greedy son. I want my mother to get her right, and I want to remind my father every month about the kind of person he was by making him pay this amount.

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Advocate By LEAD INDIA Answered: 27 Mar 2025

If you take your mother to live with you, you can file for maintenance under the Domestic Violence Act or Maintenance under Section 144 of the BNSS. Regarding your father’s pension, it may be possible to seek a legal order for him to pay maintenance if a divorce is filed, but this would require legal proceedings. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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