Sec 125 by minor

This query is : Resolved 

02 September 2013

Minor child 8 yrs in my custody as wife left him at my doorstep 3 yrs ago. Sec 13 i a (by me) + DV case (she against me) is running. Wife got visitation in DV Int Orders, no maint/RTR fr herself. She never put GWA/Sec125.
Now I want to put more pressure upon her via legal remedies available 2 me. Can I put Sec 125 case throu minor (me as guardian); writing that she is on equal footings as we both r Govt employees, income is similar. Acc to SC & various HC rulings, both earning-parents shud contribute to child's upkeep. She is already enjoying visitation & skipping her moral & legal duty 2wards child maint etc.
Questions are:
1) Its it a right move as per experts
2) I do not plan to write that father is taking it difficult 2 rear the child by his income (as i do not want to lose custody battle...... if she ever plans after such a long delay)
3) Whether i have to produce "details" of each n every spending on the child 2 win this case down the trail?

rajiv_lodha (Querist)
04 September 2013

Plz provide inputs

ajay sethi (Expert)
04 September 2013

if you make any such application she will make an application for custody of the child. in the fight between parents child would be the sufferer . you can afford to rear the child on your own . dont ask her to make any payment

rajiv_lodha (Querist)
04 September 2013

But I have done background chk. Chances of her seeking custody are bleak. If i never write "its difficult 4 me 2 rear the child with my finances"......even then her custody calim stands tall?
I want to use SC jugment that equally earning spouces shud take equal financial responsiblity 2wards child's maint.

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