Maintenance for 4 year old girl child after 13(b) divorce
(Querist) 22 June 2018
This query is : Resolved
There is an mutual consent divorce in which mother consented to take permanent alimony for herself as well as for her child 4 years old girl. what are the remedies available if she after 10 months of mutual consent divorce wants to take maintenance for child.
Vijay Raj Mahajan
(Expert) 22 June 2018
The minor child is entitled to seek separate maintenance from the biological father anytime even after the divorce of her parents. The mother of child can file petition for the maintenance for the minor child under section 125 Criminal Procedure Code against the father where monthly maintenance for the minor child should be claimed. Yes the father will defend this petition on the ground of full and final settlement of alimony for wife and child at the time of divorce by mutual consent, that can be very well replied because of the price rise and growing demand of the minor child with her age the amount agree at that time was just sufficient for the wife and for small period for minor child. The Family Court will consider the requirement of the minor child while deciding the application u/s 125 Cr.P.C.