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tejinder sethi   15 November 2025

Claim for daughter maintenance

My niece got divorced by a family court decree dated October 2023. Out of the wedlock they had a daughter who was minor at the time of decree and staying with the father. On attaining majority the daughter to decide with whom she would like to stay. In May 2024 the daughter turned 18 and moved to stay with her mother. The mother was staying in her mother's house.  The divorce decree from the Family Court dated October 21, 2023, specifically mentions the father would be"solely responsible" for his daughter's future expenses. The father has not paid anything after she moved with her mother. The mother is maintaining the daughter and meeting her day to day expenses for education, food etc. My niece has settled the matter by accepting lump sum amount as alimony alongwith the gold ornaments (streedhan).

Now how to claim past expenses from the father and ongoing expenses and also future expenses. The daughter is currently pursuing her education in college. Can she also claim 50 % advance expenses for the daughters marriage which can be kept as deposit in the bank.

It is a violation of decree as the father failed to pay. It is contempt of court order.

How to claim future maintenance and enforce the decree. Since the daughter is now an adult, who will initiate action against the father (the daughter or the mother.)

Please advise 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     15 November 2025

The daughter should first send a legal notice to her father about this and then file a suit for maintenance and recovery of arrears amount as per court order.

Advocate Bhartesh goyal (advocate)     16 November 2025

First daughter should send notice to her father and demand her maintenance expenses and if notice is not complied with then she should file petition u/sec 144 BNSS before Family Court and claim maintenance.

Dr. J C Vashista (Advocate )     16 November 2025

She (daughter of ex-couple) should meet her father any day/time, rather very frequently to maintain love and affection with father. I am sure he will never abondon / deny maintenanace his daughter. She has a moral, social and legal right ask both  of them to pay for her requirement(s).

What does she want now i.e., to stay with mother or father, since her mother has voluntarily abondoned her right to maintain their daughter when the couple was granted divorce?

In such circumstances father shall be liable to take full responsibility /laibility if  the daughter is unable to maintain herself or through her mother despite the fact she (girl) is maintaining love and affection with both of them, whiich is her right. 

P. Venu (Advocate)     17 November 2025

"Now how to claim past expenses from the father and ongoing expenses and also future expenses. The daughter is currently pursuing her education in college. Can she also claim 50 % advance expenses for the daughters marriage which can be kept as deposit in the bank."

Too many conjectures? Is this a realtime issue or a testpaper?


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