Child's belongings can be demanded by wife

If she cant even get the child its basis necessities like clothes, feeding bottle, nappies etc.. then the child definitely should not be with her.

File a case for custody of child.

She asking child's belongings shows that she is not able to maintain the child..

But out of love for your child you can as well part with child's belongings, basically it is a cheap act by your wife of asking child's belongings, in that case it is entirely up to you whether to part with child belongings or not.

1.    She can ask child belongings by way of Misl. (Civil) Application and definitely not under / as stridhan list provided she has temp. custody of child with her.

2.    In instance facts you can rebut her list with preliminary objections and let Court decided if such items can be included under ‘stridhan list’ as per SC settled Law or not and side by side donot deny return of rightful ‘belongings’ of child but do pray to decide first on your preliminary Objections by way of conducting the specific issue in hand treated as summary trial.

I donot agree to first two repliers (except on hint for stamping claims for custody by biological father) as custodial parent has every right to seek return of belongings of minor(s) till issues pending in Court is settled and has no relation to maintenance or non-maintenance ability of such custodial parent if such application put up (the head under which it is raised is objectionable). Otherwise so the moment child is with either custodial parent status quo would not have been maintained by any Court of Law.

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At the most a mother ie custodian of a child can ask for maintenance not belongings of the child, if she does ask for belongings of the child she should show proof of her purchasing such items, clothing, even if jwellery etc.

It is purely upto the father of the child to give those so called belongings of the child to the mother.

Such requests even via civil petition cannot stand.  She ie the wife can claim it when the ultimate seperation happens.

It is better for you to return all the belongins by making a list n take her ack

donot make yr bad impression bewfore the judge by refusing the same

irt is a family matter n not civil matter

Adv Anamika Vichare

anamika_vichare@rediffmail.com

Legal Advisor Purush Hakka Saurakshan Samittee

Right now in Chicago Days In Hotel

emergency contact Room No.107 0847-437-1650

for two days usa time 10.00pm tonight n tomorrow

hi,

my maintenance case has been decreed 8000 pm...but my husband moved to high court and the HG reduced it to 4000pm till the judgement......in the maintenance case the maintenance is awarded for rent ,food,and my son's .......so i want to know can i file dv for right to reside....or ask for rent...or ask to buy a house for me n my son....annual income of my husband is 7.20Lakhs......i ahve not brought anything from my husband house means the furniture given to me from my father.......