SrinivasaRao (software engineer) 15 March 2013

Child maintenance

I got married in Apr 2000. Due to some differences we seperated in Jan 2005. We have a son of 2 yrs during our seperation. She took divorce by sending notice to wrong address to get her father's Govt. job as her father is expired in service. But she couldn't get that job. Later i came to know this, and took divorce papers and paid an amount Rs. 1,50,000 to my son as maintenance. I got married again. In the last year I visited her place to see my son and told that i am doing good now. 3 months back she sent a lawyer notice for son's maintenance to my home town address. My parents didn't receive this letter. Now sent one moe notice through district court to the same address, but my parents didn't receive this i am not there.

Is there any problem as we didn't receive court notice as i am working in different place. I requested several time to handover as i can take care of. But she denied.

Please advice me.

Thanks,

Srinivas

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3 Replies

Advocate M.Bhadra 15 March 2013

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother’(5). There are numerous connotations this can take, some of these are: that the law reflects our patriarchal social structure and that small children are always better off with the mother... Matters are also complicated by a legal process that does not view legal guardianship to be co- terminus with physical custody of a child

A divorced wife even where the marriage has been dissolved by mutual divorce,the divorce wife unable to maintain herself and her minor child then she can claim maintenance till she re-marry.(Sadasivam Pillai vs. Vijaya Lakshmi 1987 Cr LJ 765:1986 3 Crimes 508 1987 1 Ker LT 381)

Subash M R (Advocate) 15 March 2013

It is a well established rule that in any proceedings in respect of children,the welfare of the children is of paramount consideration.Wishes of the child of mature age is an important consideration and this would be disregarded only in the welfare of the child.If you claim custody on ground of your being a natural guardian and enjoying better financial status,the chances to get it is more,provided son wants to stay with you.

M.R.SUBASH,Advocate

SrinivasaRao (software engineer) 16 March 2013

Minansu and Subash, Thanks for your reply.

I don't have any problem of supporting my son financially. However my ex-wife is demanding maintenance for her also. Even i don't have any problem of sending money to my ex-wife within my financial limits. She is staying with her mother and waiting to get her property share from her mother which is around 50 lakhs. This is one of the main reason to left me. Having own house, lands, gold and deposits also.

Thanks,

Srinivas.