what will happen to dv act case (maintenance) if my wife die

Prashanth G (Querist) 05 February 2017 This query is : Resolved
My wife asked for maintenance on dv act case and judge passed maintenance for kid ,but the prayer my wife asked for maintenance her self and I got stay order from the session court still case is running with maintenance due...later my wife got married a new guy with out a divorce and FIR has been registered on in her n that new guy...later my wife died with throat cancer and I got death certificate also...now what happens to maintenance on dv act case?Please suggest me ..sincere request

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Isaac Gabriel (Expert) 06 February 2017
As and when she got married to another man, the maintenenance case comes to an end.Yet,the order of maintenance to kid suvives and you are liable to pay.

Prashanth G (Querist) 06 February 2017
But...baby is with my in-laws..and I am ready to take care about my baby as I am the legal gardian...and my wife also died

Guest (Expert) 06 February 2017
Well Advised by Senior Expert/Senior Advocate Mr.Isaac Gabriel

Guest (Expert) 06 February 2017
You could have an Amicable/ Polite/Humble Discussion with your Wife's relatives and seek the custody of the Child.If it doesn't works out only in Court you could seek the Solution and Discuss with your Local Good Advocate.

Adv. Yogen Kakade (Expert) 06 February 2017
As being father if you get the custody of the child after the death of your wife, then there shall be no question of maintenance.
It is advisable to consult a good lawyer and go ahead.

Prashanth G (Querist) 06 February 2017
But I had contacted my in laws for me 5 years baby...but they don't want to show my baby to me n not ready to give my baby also ...even I don't know where is my baby is now...as they changed 7 locations so far..i am planing to take my kid directly after d.i Sim their address...please suggest

Prashanth G (Querist) 06 February 2017
After finding my in laws address..can I take my kid directly ?

Guest (Expert) 06 February 2017
Maintenance for wife is valid till her life time, not after that. For your baby you would be liable for maintenance till he/she gets the age of maturity. After that, if you pay that will be act of your grace.

However, if the child is a girl child, the maintenance would extend till her remarriage even after her maturity, including expenses of her marriage.