maintenance claimed by child from his father
Mohd Musabbir Ansari
(Querist) 26 May 2010
This query is : Resolved
Dear All
I need your respectful and expert opinion on the query mentioned below:
That both the parties has got decree of mutual divorce from the competent court of law and it has been settled between the parties that wife will not claim any future allowance or any kind of maitenance and child who is aged about 5 years will remain in the custody of the wife and husband has no relation or contact with the child in the future.
Now the position is that wife has filed a case against her husband on behalf of the child demanding maitenance under section 125 of CrPC.
I would like to know whether child is entitled to claim maintenace though mutual decree of divorce is silent about the maitenance of child but having the provision that all claims has been settled.
If not please cite some case law of High Courts $ Supreme Court.
Kindly treat it as urgent I already facing lot of problems mentally, emotionally, physically as i have been paid money to slove this case in advance.
Eagerly waiting for your reply.
Thanks in advance
Mohd Musabbir Ansari
Advocate
a.manoharan
(Expert) 27 May 2010
Sir, when mutual decree of divorce is silent about the maitenance of child , it can be cl;aimed. all claims have been settled means any lump sum including to child. if so, file the case against the wife as she breached her trust. please post the entire decree for discussion that will be easier for experts without confusion.
Sukhija
(Expert) 28 May 2010
mutual consent divorce was between wife and husband and all claims sellted means between them only.
The maintenance of child is different issue and Child is entitled to claim maintenance. Further under changed circumstances even wife , if not remarried can claim maintenance from her ex-husband.
