maintenance of child


I am an NRI.

My wife filed FIR u/s 498A and died with cancer after 10 days of FIR. Now the case is under Trail in court and i know my wife filed a case on me by listening to their parents.I spent nearly 40 lakhs for her cancer treatment.

At the time of my wife died, no intimation was given but after knowing i rushed India. My 2 years baby girl was with my grandparents and they even not allowed to see my child after my wife died. Police also not helped as FIR was against me.

I tried in Lok Adalat but their lawyer came and told that we will see in court and child will not be handed over to me. So i field guardians OP and interim custody after two months of my wife died.

Now Guardians Op is filing counter stage. But to my surprise, i see a maintenance case u/s 125 filed against me by my 2 years daughter before my wife death i.e on FIR filing date. That means they filed FIR and maintenance case at a time which I am not aware and no summons from the court.

Please help me as i am struggling to get my baby into my custody and how to proceed. I don't want to give maintenance as their grandparents are not correct and aged 65+ who cant maintain. 

Thanks, sir for your valuable information.  


You have already engaged an able, competent and intelligent lawyer, have faith in him/ her and proceed as advised.

However, if you are not satisfied with his/her performance, you may change him/her immediately.



If you are located or cases are pending in Delhi/ NCR and feel, you may contact me (on appointment) at:

Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075

email: Cell # + 91 98911 52939 


As u is father u r natural gaurdianfor may take some time in calm and wait until court passes orders.

Yes, you are the natural guradian of the child. In the normal circumstances, there is nothing that prevents your access to the child. It is only that the matter should be pusued in the Court professionally.




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