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Paruvatham (STL)     08 April 2020

Can divorced wife claiming more in the name of son's fee

Respected Sirs,

      I am divorced 2 yrs back. I have  son and now he is with her. As per the agreement, I gave some lumpsum amount individually to her and also made FD for my son. She will take those interest to takecare of my son. For school fee, it is sharing between us (50% each). She got took good amount of gold from us.

After getting the same as court order formerly, I am paying 50% till date. As a father, I am taking care of his health for any medical issues, buy and send him anything he needs like notebook , dress, toys ...

Suddenly, my ex-wife asking me to pay 3/4 of the fee. I said no. Now, she is neither allowing me to talk with my son nor sending him to me during vacation (as per order, he can be with me during vacations/festival for 2 months in a year).

I took so much loan for this settlement. Hence I told no. Is she really has power to demand more? Can she take it legal. If so what to do?


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2020

She has to prove that she is in need of more money.  You can file a petition under the guardian and wardship act seeking custody of the child.

N. Sivaprakash, Chennai 984099 (Advocate)     08 April 2020

If it is recorded in the Order that you will have to pay 50% of the fee, she cannot demand more as you have already given lumpsum payment, If you want to see your son and if theres no order in the divorce petition you can file a petition under guardian and wards act and get visiting rights.

Advocate Suneel Moudgil (Advocate)     08 April 2020

You can file a contempt of court petition since the visitation rights are mentioned in the order,

1 Like

Free Legal Help India   09 April 2020


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