R.p. Saraswat 08 February 2019

maintenance claim by father

Husband and wife living separately after case under 498a is filed.their 2 year old son is in custody of his father.whether the father in this case can claim maintenance from his wife for the child under sec 125 (1) crpc.husband and wife are working in bank. Husband ‘ salary is 1.5 times more than hids wife and has no liability except himself. Whether the case is maintainable in court.

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Vijay Raj Mahajan (Advocate) 08 February 2019

Minor child through his natural guardian can claim maintenance under section 125 CrPC. Here as both the parents are working and have income to support the minor child they are supposed to share the financial burden proportional to their income. Father can ask proportional amount for child maintenance from the mother under section 125 CrPC for minor child in his custody.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 February 2019

Yes, the case is very well maintainable under section 125 of Cr.P.C.

the Father may file a maintenance case before family court u/s 125 of Cr.P.C. and claim maintenance from his wife for the minor child.

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Martin S. 08 February 2019

Filing is different, getting is another thing. One can file, but court will not grant in this case as wife already filed 498a case on husband, making her upper hand. You may try, however.