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Shashank   09 August 2018

Maintainence to children after divorce


There has been an ex-parte divorce between me and my wife. She did not wanted to live with me at my  hometown. She wished to live in Delhi and I got my job at my hometown and I shifted to my hometown. Eventually it resulted in divorce. She has given in written than she does not wish to live at my hometown. After divorce I have been giving around 13000 per month. She is also working. She is asking 20000 per month as maintainence my children. She has given in her handwriting that she will bear the overall responsibility for her children. Now she is going to claim for maintainence. May I know how much maintainence can the court order as She never wished to live with me. 


 10 Replies

Vijay Raj Mahajan (Advocate)     09 August 2018

Engage some experienced advocate for representing you in court who get a reasonable order in your favor. The children can always seek maintenance from their father even if their custody is with mother and she is taking care of them in all respect but the financial burden of the children has to be shared by both parents.

Shashank   09 August 2018

I have no issue with giving mainatanince for my children.. But is it all my responsibility or she also needs to share the responsibility equally. It is her wish to live in Delhi and not with me at my home town. Also The cost of living is not same as I live in a small town. Also I need to save money for future upcoming responsibilities. My son is 13 yrs old and daughter is 11 yrs old. If I owe all the responsibilites then shall I not keep the children with me. 

Shashank   09 August 2018

I did not filed for child custody as I wished to minimize the negative effects on my children. I got divorced in november 2017

Shashank   09 August 2018

I wish to know that till what time I need to give maintainence to my children and can my ex-wife claim any maintenence in future for herself on any ground.

Martin S.   09 August 2018

Children will keep asking money entire life.  Through court till 25 years of age you need to pay, after that you pay or they extort money by pointing knife at you is left to their wish.

Kumar Doab (FIN)     09 August 2018

You seem to have a counsel and probably have not appeared as PIP and your counsel seem to have relieved you from wedlock.

Appraise your counsel if you are paying Rs.13000/pm as per court order or on your own. Hope you have the record. Hope you also have the irrefutable record of your liabilities.

The spouse may claim as per past living standard and needs at current location.

The spouse may claim later the circumstances have changed and expect increased amounts.

The husband/father may have to pay maintenance to spouse/children and reasonable expenses to marry the daughter within his reach and resources.

The seasoned PIP , helpgroups at your location can also guide and help you.

Kumar Doab (FIN)     09 August 2018

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..

 At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/civil courts, HC, SC……

Your counsel can help to get you relief/reasonable order.

Kumar Doab (FIN)     09 August 2018

There are many threads on similar query and judgments on same at LCI that you can search thru SEARCH option in threads, Files, Articles…..

e.g; Article under my profile.. 

Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!

You may pick up the relevant points..

Shashank   10 August 2018

I am paying on an average of 13000 per month without any order. This is transferred to her bank account. Meanwhile I visit my children once a month. It was that she refused to stay with me at my home. I am ready to live with her if she is also willing. But she has given in her own handwriting that she does not wish to live at my hometown. It means that after sometime if she says that she is living in bangalore then I will have to maintain her living standards. If she gets our children admitted to a very expensive school I am bound to pay the fees and I wont be able to save anything for higher education of my children and future responsibilities. And what If I wish to re-marry ?

adv asgar   11 August 2018

according to section 125 of crpc u have to give him maintenance till major if he is a boy but if she is a daughter than till marriage .but if she is working or doing any job after majority than u have not to pay any maintenance.

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