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vijay (M)     12 March 2015

Child support from wife

Suppose man has custody of children.  Under what sections can an earning wife be asked to give maintenance for children ??



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 2 Replies

Swastik Nath (Freelance Lawyer)     14 March 2015

Under section 125 Crpc you can ask for maintenance from your wife.

the condition to be met are 

1) the children should be with you.

2)they should be minor

3)she should be earning 

4)you should either be unemployed or your earning should be very less for maintaining of children.

sec 125 applies similarly to both women men. the law treats both equally for maintenance.

Have a Heart Foundation (Sales & Mktng)     15 March 2015

  

1. Under section 24 of Hindu Marriage Act. 

2. Section 24 in The Guardians and Wards Act, 1890

24. Duties of guardian of the person.—A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires

3. Hindu Adoptions and Maintenance Act

Maintenance of a Child or of Aged Parent(s)

Under this Act, a child is guaranteed maintenance from his or her parents until the child ceases to be a minor. This is in effect for both legitimate and illegitimate children who are claimed by the parent or parents. Parents or infirmed daughters, on the other hand, must be maintained so long as they are unable to maintain for themselves.

4. Order For Maintenance Of Wives, Children And Parents
S.125.Order for maintenance of wives, children and parents.- (1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,

 




  


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