Child custody

Suraj Kumar (Querist) 27 January 2025 This query is : Resolved
Sir,
I have filed child custody case u/s 12, 25 of G & W Act for my son against my ex-wife. I had filed an interlocutory application praying education from reputed school at my cost. The court passed order for visitation & education from reputed school. I am paying school fees for the school.

Thereafter OP did not complying the court's order and she didn't allow me to visitation regularly and refused to sending my son to school as specifically decided by court. She is sending my son to free local school.

Finding no alternative, I approach before the Court for compliance of order passed. OP has impose a condition that if maintenance @XXXX is paid then only she send my son to reputed school. Earlier in written affidavit she had said that she is from very affluent family and her new husband is billionarie.

1) Can ex-wife file any such application wherein she keep her condition for getting maintenance?
2) As per my little knowledge there is no provision in G & W Act for claiming maintenance. Can court pass order of maintenance in custody case ?
3) Can I pray application for modification of temporary custody order for welfare?

JAi SHRI RAM

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Quick Summary

This discussion concerns a father's struggle to enforce a child custody order against his ex-wife. Despite a court order for the son to attend a reputable school at the father's expense and for regular visitation, the ex-wife is preventing both. She is now demanding maintenance payments before complying. The father questions the legality of the ex-wife imposing such conditions and whether maintenance can be ordered in a custody case under the Guardianship and Wards Act, seeking advice on modifying the temporary custody order for his son's welfare.

Suraj Kumar (Querist) 27 January 2025
Needvsome change.

T. Kalaiselvan, Advocate (Expert) 27 January 2025
You have repeated the same question in another thread today itself. You may visit the original thread to know my answers instead of opening new threads out of our anxiety

T. Kalaiselvan, Advocate (Expert) 27 January 2025
Please post all your queries in the same thread instead of opening new threads

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