Maintenance for my son

Querist : Anonymous (Querist) 22 July 2022 This query is : Resolved
I have filed custody case for my son & my ex- wife has filed maintenance case for my son.
Maintenance is allowed.
I did not maintenance since I want to maintain my son by keeping with me.
Execution case is filed for arrear of maintenance.
I file objection that since I want to maintain my son by keeping with me,I will not pay maintenance.
If lower court force me to pay maintenance,Can I go for appeal ?

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Quick Summary

This discussion addresses a father's obligation to pay child maintenance even if he wishes to have custody. While the court has ordered maintenance, the father objects, wanting to maintain his son by keeping him. The advice clarifies that maintenance and custody are separate issues, and a maintenance order must be complied with. The paramount consideration for custody is the child's welfare, and the father can pursue custody separately while seeking visitation rights if unsuccessful.

kavksatyanarayana (Expert) 22 July 2022
No. A child shall be with the mother till he attains the majority and after getting the majority then it is his wish. Now you may obtain child visitation rights from the court.

Advocate Bhartesh goyal (Expert) 23 July 2022
It's not hard and fast rule that "child should be with mother till he attains majority" paramount consideration for custody of child depends on " welfare of child " if you suceed to satisfy court in this regard,you may be given custody else you have to seek visitation rights and have to pay maintenance allownces .

P. Venu (Expert) 27 July 2022
The two issues - payment of maintenance and child custody - are two different issues. Each would be decided on merits. Once payment of maintenance has been directed, you are bound to comply. The second could be pursued on its on merits.

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