maintenance

Querist : Anonymous (Querist) 23 January 2011 This query is : Resolved
Dear All

I am going to submit an application for interim maintenance with proof of my husband's income tax return.

My 14 years daughter has received a call from him and he told her that he will buy clothes for her. I want that her expenses should not be counted in piecemeal manner like whenever my husband wants can get clothes for her . This results in double expenses also. We buy clothes when she needs them and not when my husband wants to buy.Moreover she wants me to accompany her when she buys her clothes to advise her on the appropriateness of the dresses that she wears for her school( her school does not have a set uniform).

Please advise how I should take a stand. My daughter shared with me that she has told him on the phone that he should talk to me on this.

Please advice. Thank you all for the time you are giving for attending this query.

Regards

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adv. rajeev ( rajoo ) (Expert) 23 January 2011
If he wants to buy clothes to his daughter let him purchase. He is doing his duty. It does not bar you to file interrium application.

Parveen Kr. Aggarwal (Expert) 23 January 2011
If your husband has neglected and refused to maintain you and your daughter, you can file a petition for maintenance against him. In order to succeed in getting appropriate amount as maintenance, you will have to submit proof of his income. However, if he buys cloths for your daughter that will not affect his liability to maintain you and your daughter in any manner because maintenance is not for cloths only.

SANJAY GUPTA (Expert) 23 January 2011
agree with Mr. Aggarwal

G. ARAVINTHAN (Expert) 23 January 2011
you cannot say your husband cannot maintain her.

It can be taken without prejudiced to your rights in the maintenance case

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