child maintenance

Himadri De (Querist) 28 September 2010 This query is : Resolved
I am on verge of mutual divorce. we have a child(girl)and is in possession of her. My wife earns handsomely.It is learnt that my wife is going to have a second marriage.My question is do I have to give the maintenance of child if my wife does a second marriage?

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Arvind Singh Chauhan (Expert) 28 September 2010
Yes you have to pay maintenance to child up to the age of 25 years. Why don't you apply for guardianship of your child.

s.subramanian (Expert) 28 September 2010
As the natural guardian of the child,you apply for the custidy of the child and get it.

Devajyoti Barman (Expert) 28 September 2010
After her second marriage you are not liable to provide her maintenance though you could pray for her custody.

Kirti Kar Tripathi (Expert) 29 September 2010
Yes, being the father of the child, you can not escape from your liability from maintaining even your wife gets second marriage. However, you can ask custody of your child, in case, she gets marriage. This is a very strong ground for claiming custody of a child.

Guest (Expert) 29 September 2010
What is the age of your girl child? If minor, custody of a girl child will be with the mother and not with the father, unless you prove in the court of law that she is incapable of taking care of the girl child for various strong reasons. Am I right experts? Please advise.