GAURAV SHARMA 26 May 2023

Can i file maintenance under section 20

I had applied for maintenance for my 6 year old son from his mother which is a Government Employee under sec 125 crpc. My wife and her advocate said in highcourt that a son cannot ask maintenance from his mother under Sec 125 crpc and obtained the stay from high court of rajasthan in 2022 against the order of interim maintenance of Rs. 7000/- given by district court of rajasthan.

Now the case under Sec 482 which is not even listed in last one year in the high court of rajasthan.

My Queries are as follow

(1) Can I apply another case for maintenance under Section 20 in district court of Delhi even If the Interim order under 125 crpc is Stay in high court of rajasthan?

(2) Can I file this new case under Sec 20 in delhi as my child is presently staying with his grandparents in delhi since 2021 for his studies?

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 28 May 2023

Yes, application u/s 20 of Hindu Adoption and Maintenance Act may be filed by next friend of the minor.

Advocate Bhartesh goyal (advocate) 28 May 2023

Yes, u/sec 20 of Hindu Adoption and Maintenance Act 1956 your son can claim maintenance from his parents.

GAURAV SHARMA 28 May 2023

Thanks for your prompt reply.

Plz clarify me about the Correct jurisdiction of the case.

Can I file this new case in delhi district court as child (SON) is now staying in delhi with his grand parents.I (father) am staying in Andhrapradesh beacuse of my transferable job.

Niharika Lohan 02 June 2023

Hi Gaurav, I'm Adv. Niharika and here is my take.

according to sec 9(1) of Guardianship and Wards Act, a petition for custody of the child is to be filed at the court in whose jurisdiction the child usually resides. It is important to note, that the term used is "usually" and not "permanently". As in your case, your child is now residing with his grandparents in Delhi, then you can most certainly file an application for custody in Delhi.

for your convenient reading, I'm attaching an article. I hope you find it fruitful. In case you have any further questions, feel free to contact me via email at Niharikalohan@yahoo.com

https://www.international-divorce.com/child-custody-jurisdiction-in-india#:~:text=Jurisdiction%20in%20India%20concerning%20child,the%20District%20Court%20having%20jurisdiction