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Vany   25 October 2017

Right of my Daughter

hello my self vany ...I don't have any right for maintenance from my husbanf if I get employment in govt sector. but what are the rights of my 2 year old daughter ?


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 5 Replies

manoj   25 October 2017

you can ask maintenance for your daughter 

manoj

advocate

8686159292

Jaspal singh (practicing lawyer)     25 October 2017

This is  well settled law that earning wife is not entiteld for maintenance but this is also well settled law that minor daughter/son can claim the maintenance from the father and it is very much duty of the husband to pay the maintenance of minor child .

Regards

Jaspal S Maini(Adv)

9999987283

2 Like

manoj   25 October 2017

as per your query you said you are a govt employee from government sector. It is not settled law when wife is earning she is not liable to ask maintenance. I am referring to a supreme court judgment it observed that the earning of wife cannot be a ground to stop her from claiming maintenance unless the earnings is insufficient. So in my opinion it is not a settled law for wife not to grant maintenance when she is earning. Though you are employeed in Government Sector if the earnings is not sufficient and your husband is earnings more enough you can claim maintenance for you and for your daughter. If you are wishing I will provide Judgment.

manoj

advocate

8686159292

1 Like

Adv Radhika Mehta (Advocate)     27 October 2017

Whether or not you are eligible for maintenance depends upon a lot of factors, including but not limited to the disparity in both your incomes, the standard of living experienced while living under the same roof, etc. However, your daughter is liable to be maintained by your husband.  He cannot shirk ghis duties and responsibilities towards your child. 

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(Guest)

If husband is unable to take care of you, it is your prime responsiblity to provide alimony to husband and child by doing job and earning  money.  WIfe is ardhangini. Behave like one.  Dont listen to above advocates and brethren.


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