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monica1234 (teacher)     14 May 2011

Judgement RELATED TO Maintainence of children

Pl. provide me with some judgements related to maintainence of children from their father even if they stay with their working mother.



Learning

 6 Replies


(Guest)

Post this query in judgment section forum where the advocate can help or just ask  to experts.I dont think that there is a judgment in which judgements related to maintainence of children from their father even if they stay with their working mother.

1 Like

(Guest)

@monika 1234

Oh sorry interpretation mistake 

There are lots of judgment you can find:hre is your judgment:

https://www.indiankanoon.org/doc/243614/

 

The father's obligation to give such separate maintenance to his children .

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Second judgment that may help to husband 

https://www.indiankanoon.org/doc/1512218/

 

If a father is a poverty-

 

stricken and cannot therefore 

 

 

 

 

 

 

 

 

 

provide maintenance to his 

 

 

 

 

 

 

 

 

 

children, while their mother is 

 

 

 

 

 

 

 

 

 

affluent, the mother must provide 

 

 

 

 

 

 

 

 

 

them maintenance subject to 

 

 

 

 

 

 

 

 

 

reimbursement by the father when 

 

 

 

 

his financial condition improves


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https://498amisuse.wordpress.com/2011/03/21/children-need-to-maintain-their-father-gujrat-hc/


Children need to maintain their father : Gujrat HC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

(Guest)

A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

Here is the judgment:https://www.keralawyer.com/asp/detailedJudgement.asp?id=2210

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Liability of maintenance of children is co-extensive

Padmja Sharma vs Ratan Lal Sharma on 28/3/2000

https://mynation.net/docs/1398-2000/

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Posted by Renuka Gupta:

 

Appeal (crl.) 1627 of 2007

 

 

PETITIONER:Chaturbhuj

 

 

 

RESPONDENT:Sita Bai

 

https://www.lawyersclubindia.com/forum/Judgement-on-maintenance-25908.asp#123867

1 Like

neel (self)     14 May 2011

But childrem must be impleaded as party.

 

 

Under sec 24 of HMA one may ask for maintenance for child also, but if wife is working and husband is not working then child has already decided that it would live with mother. In above case wife can't demand donation in the name of 'child' which is eyond the means of the husband.

 

 

Under 26 of HMa if parents are fighting for custody then first it is decided based on child's wish and circumstances of the case. After that, based on the means available to both parents, maintenance is given to child to be given to custodian by non-custodian parent.

 

 

But again it is not a donation in the name of child.  Wife can not harrase husbnad bu such emotional blackmail.

 

Sarvesh Kumar Sharma Advocate (Advocacy)     14 May 2011

kushan vyas has told very much clear about this thread i m agree with him!

Jamai Of Law (propra)     19 May 2011

Adv Kushanji is correct ...but

 

Liability of maintenance of children is co-extensive  If both parents are working and earning!! (very important element of that citation)

 

SC citation Padmja Sharma vs Ratan Lal Sharma on 28/3/2000 (Here both parents are working and hence proportionate quantum worked out. if one party is having ZERO income.... It could the case of husband also!!!)

 

 

Co-extesive responsibility is not made to become a burden beyond means but based on available means !!! It is not a ransom like .......'pay or  else ..........!!!

 

 

 

Since miuse is rampant ('Bacche ke naam pe de  de  Baba!!!!' mentality is grown up ... but it cant' become as if a birthright !!! ) ... no wonder if a clear citation gets borned on this controversy also!!!! 

 

 

Also there has to be a good judgment on 'dowry giver got convicted ... and dowry taker got acquitted'.

Only Then it will be an effective case law to redundant law.

 

 

Many struggled/suffered  untill first landmark citation that is ................... 'earning woman not entitled for interim maint' came out .............. Still many people are struggling and suffering .....

 

 

Thanks to tajobsindia and avnish .........  who has posted above citation on this forum.


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