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rohini (asdfsdf)     28 November 2012

Child maintenance

My husband is a driver and earning 15k per month. I am working in private concern and earning 30k per month. I have a daughter studying tenth std and boy studying in 8th std. Husband not giving money for the past five years and left out and applied for divorce one year back and asking for visitation rights.He had never taken the responsibilities for taking care of kids until now. I want to know what can be done to ask maintenance for the kids from him.



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 6 Replies

ajay sethi (lawyer)     28 November 2012

you are entitled to make an application for maintenance of children .court will grant  you maintenance for children

 dont agree for  divorce unless he is willing to pay for child maintenance

2 Like

rohini (asdfsdf)     28 November 2012

Thanks for the reply. Should I say frankly that I need child maintenance then only i can give divorce.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 November 2012

You need not say for divorce just for getting maintenance fo your children as this is the right of your children to get maintenance from their father till they are studying. You shall have to file a petition under section 125 of criminal procedure code before family court for this purpose and it sould have been filed years ago.

2 Like

rohini (asdfsdf)     29 November 2012

Actually the counselling is going on. How much amount of money can i ask

ganesh (advocate)     29 November 2012

you can ask in respect of your education and maintenance of your children. the amount depends upon that only.

1 Like

RK (adada)     29 November 2012

Rohini

Court normally fix up 1/3rd of Husband salary as maintanance but you need to prove his salary in court

Its always better to part ways mutually in a complete breakdown of marriage since Legal battles takes years to be sorted out.

Going to the court to take justice should be the last option when all the Communications or discussions does not lead to any conclusion.

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