21 September 2019
Respected All, Kindly provide your expert suggestions on a below matter related to my friend.
A couple is separated ( and not interested for legal proceedings) for 7- 8 months without divorce or judicial separation, wherein the child age of 11 living with her father as the mother is deserted both. The father lost his earning source as a need to take care of his child and mother is working but do not provide any financial support for her child even.
Please advice on below points: 1. If the mother is not supporting her child financially, Can we do something about it legally? 2. Is there any judgment which supports this condition or related to this? 3. Is there any law or guidelines which can direct the financial stable mother to support her child?
Any information and guidelines will be a great help in order to save a child's future. Thanks in advance.
22 September 2019
The father can claim maintenance without giving divorce. But based on the nature of job and financial status and other facts of marital relationships, the application can be decided by the Court.
22 September 2019
Under the provisions of Section 20 of the Hindu Adoption & Maintenance Act,1956 as well as Section 125 of the Criminal Procedure Code, 1973, the child has a right to claim maintenance from his/her parents, whether they are staying together or separate wherein both are equally liable. Father should move to the Court for and on behalf of minor for maintenance of minor from mother (his estranged wife). It would be better to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding. However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939 email: firstname.lastname@example.org or visit: vakil-saab.com