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Deep Shikha   27 January 2022

Child maintenance

Hello,
Can we take any action, if child monthly financial support has been stopped (on the name of no money or job)?


 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 January 2022

You can file a suit in court.

Deep Shikha   27 January 2022

Thanks for quick response!!
Could you also please share any lawyer contact from Hyderabad, if possible.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 January 2022

It is a must to pay the maintenance to every child.. Child maintenance is money to help pay for your child's living costs. It's paid by the parent who doesn't usually live with the child to the person who has most day-to-day care of the child.You can file an execute petition in the concerned family court at the earliest. 

Deep Shikha   28 January 2022

thanks for detail explaintion

Mamta Sharma   28 January 2022

Dear Madam,

Yes, you can file an application through natural guardian or a next friend under section 125 of The Code of Criminal Procedure,1973 for maintenance if any person wilfully refuse to maintain his child provided he has sufficient means to maintain. A case for grant of maintenance under section 125 of CrPC arises only when a person despite having sufficient means neglects or refuses to maintain his legitimate or illegitimate minor children who are unable to maintain themselves, Amarendra Kumar Paul v. Maya Paul 2009.

As per the section 26 of The Hindu Marriage Act,1955, the court may pass orders with respect to the custody, maintenance, and education of minor children. Under this Act, both parents (father as well as mother or either of them) are liable to maintain the children as ordered by the court. While making such orders, the court consider the opinion of the child. Any application in respect to maintenance and education of minor children during pendency of proceedings under the Act has to be decided within sixty days from the date of service of notice on the respondent, as far as possible.

According to Section 125 of The code of criminal Procedure, 1973 Magistrate may order a person to make monthly allowance for maintenance in a case where any person who despite having sufficient means neglects or refuses to maintain his legitimate or illegitimate minor child who is unable to maintain itself. This section also makes a provision for maintenance during the pendency of proceedings regarding monthly allowance for maintenance. Also, application for interim maintenance during pending proceedings is to be decided by the court, within sixty days of the date of service of notice of application to such person. A person who fails to comply with the order of the court without showing sufficient cause may also be sent to prison.

Hope this answers your question.

Regards 

Mamta Sharma

 

 

Dr J C Vashista (Lawyer)     29 January 2022

Contact, consult and engage a local prudent lawyer for proper analyses of facts, professional guidance and necessary proceedings for maintenance of child.

Deep Shikha   30 January 2022

thank you all

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