Can we make father pay maintenance after mother's divorce?

My father (56) has been abusive and violent towards my mother (54) for as long as I can remember. Despite years of hoping for change, 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 supporting this situation so he understands that if my mother files for divorce, he still has to pay maintenance? We want to avoid public drama about their divorce. P.S. I’m not a greedy son, I want my mother to get her rightful share and remind my father every month of the person he was.

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Advocate By LEAD INDIA Answered: 27 Mar 2025

To make your father pay maintenance to your mother, you can file for maintenance under Section 144 BNSS or the Domestic Violence Act. If she seeks divorce, maintenance will be assessed by the court. A legal provision mandates that the husband should provide for the wife’s financial needs, even after divorce. For further legal assistance contact us on our helpline number.
 

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