Child maintenance
Medha Choubal
(Querist) 14 January 2014
This query is : Resolved
I am a person of 40 years of age and divorced. I got divorce 7 years ago. I have a son of 10 years of age. My wife and son are staying with her parents at Nagpur and my wife is working there and hence I am exempted from paying alimony to her but paying Rs5000/- pm as child maintenance. I have not been working for last 3 years and it may not be possible for me to work in future as well due to various reasons like feeling of dejection, not getting along well with superiors at the work place etc.. My divorced wife is not aware of this as my father is paying this child maintenance through me. My wife, now, is demanding Rs7000/- pm as child maintenance because of inflation. My father is not able to pay this increase. How do I get out of this?
Devajyoti Barman
(Expert) 14 January 2014
Let her file petition for enhancement first. If she dos so then you can present your case.
Rajendra K Goyal
(Expert) 15 January 2014
Let the demand come through proper channel i.e. through court.
V R SHROFF
(Expert) 15 January 2014
On her demanding you can ask to reduce it, and demand your mtn from her too.
After all she is your wife, and duty bound to mtn you [ SC says Divorced wife is also a wife for this act]
T. Kalaiselvan, Advocate
(Expert) 15 January 2014
Yes on her petition, you present the facts of your present employment condition and pray for total exemption and in the same petition you seek for maintenance from her due to your unemployment conditions.
