divorce law

Pallavi (Querist) 21 September 2010 This query is : Resolved
even after taking divorce by mutual consent cane the baby claim maintenance from her father even though mother took divorce.

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manoj r. dubey (Expert) 21 September 2010
yes under the section 125 of i.p.c she can ask for maintaince

Devajyoti Barman (Expert) 21 September 2010
Yes. The divorce does not dispense with the right of the child to claim maintenance from his father nor any clause in the mutual divorce petition regarding such wavier .

Kumaranand (Expert) 22 September 2010
yes child is always a child, no one can take away its right for maintenance. the child has every right

yogesh (Expert) 22 September 2010
If there is mutual consent, then how can mother of the baby take the divorce .Divorce by mutual consent is made under section 13 subpart of the HMA-1955. The conditions and clauses have to set outside the court and the court will only affirm their agreement about their alimony,reataining of baby
The court cannot go aginst their wishes of the divorcing couple unless one is aggrieved by theri decision

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