C.Ruban Duraisingh (Owner) 24 March 2016

Maintenance case

My wife divorced has filed maintenance case under 125 Cprc for the minor child 5 yrs old thorugh power of attorney to her father in kerala Family Court. At present my wife is in Maldives and working there for the past 3 years and my child is under third party her father, I have interim custody of my minor daughter 5 yrs old IN Madurai Family court TamilNadu but the kerala police is not taking action to recover my daughter. Now i have filed GWOP in madurai, TamilNadu. Now the case is in evidence stage. I am only appearing for my case, What steps should i do to counter it and at evidence stage what is the procedure that i shoud follow at court and should i also file any evidence in the case. Im only a music teacher having a part time music center. Kindly advice

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3 Replies

adv.raghavan (Advocate,9444674980) 24 March 2016

what is your cousel call on this.

ROHIT SHARMA (Legal Advisor ) 24 March 2016

1. submit that as per s. 6 of the Hindu Minority & Guardianship Act, 1956 you are the natural guardian of your minor child ( who has attained the age of five years) whose custody has been given to you by the family court to you but despite this fact your child is being unlawfully detained by your wife' s father and hence paying maintenance for the child to the father of your wife is unlawful as you can as well arrange for the welfare of your child from your income.