Maintenance for child

Querist : Anonymous (Querist) 10 June 2022 This query is : Resolved
I have remarried & child of earlier marriage is in custody.
Can I file maintenance case for my child against my earlier husband ?
My earlier husband file child custody case.

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KISHAN DUTT KALASKAR (Expert) 11 June 2022
Dear Madam,
If in your divorce proceedings you have not taken any maintenance or lumpsum towards maintenance of your child and you have reserved right to claim such maintenance for the child then you can file maintenance case for the child against your ex-husband.

Querist : Anonymous (Querist) 11 June 2022
I have remarried before divorce.

kavksatyanarayana (Expert) 11 June 2022
Without getting a divorce you should not marry. If your ex-husband knows it and can prove it, you cannot get maintenance. You can ask the maintenance for your child if it is not decreed earlier.

Pradipta Nath (Expert) 12 June 2022
You can file maintenance only for your daughter. But I doubt on the merit as the daughter is in your custody and your ex husband has filed custody petition...!!

Dr J C Vashista (Expert) 12 June 2022
The child/ minor is entitled for his/ her maintenance from his/ her father, which you can claim on his / her behalf.
You got remarried before seeking a decree of divorce is illegal / invalid and an offence punishable to 7 years imprisonment under section 494 of Indian Penal Code, 1860.

The petitioner (your husband) is entitled to have custody on being remarried, as stated by you.

Besides this, you can not claim any maintenance from your husband (legal first marriage)

Querist : Anonymous (Querist) 12 June 2022
My ex-husband get marriage registration certificate of my second marriage. He will produce that before court where 125 maintenance case pending.

My ex-husband also threaten me to file Bigamy case against me.

Dr J C Vashista (Expert) 12 June 2022
You have stated, inter alia, that,
"My ex-husband get marriage registration certificate of my second marriage. He will produce that before court where 125 maintenance case pending. My ex-husband also threaten me to file Bigamy case against me."

You have disclosed the fact at this stage, which is after my observation and opinion on the subject.
As already advised you have committed an offence punishable under section 494 IPC and got caught for which you have the only option to settle and reconcile the dispute(s) with your husband (since marriage still subsists and divorce decree has not yet been granted), withdraw the case(s), assure him for no further case(s) to be filed against him and seek unconditional apology from him.

SHIRISH PAWAR, 7738990900 (Expert) 13 June 2022
Hello,

You can claim maintenance for your child. Second marriage during subsistance of marriage is offence. Try to resolve the dispute amicably.