sameer 16 August 2023

Maintenace & access - custody

If court order for maintenace then can a husband demand a Access or custody of the child . As wife denies access by threatening him by filing facke NC , attempt to put in a fake case etc.

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Quick Summary

If a court has issued a maintenance order, a husband may still be able to petition for access or custody of his child, even if his wife denies it. Denying access due to threats of false accusations will not negate the maintenance order. To secure visitation rights, a separate petition for periodic access should be filed with the court. Importantly, this process does not impact the existing maintenance order, and maintenance payments cannot be refused on this basis.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 17 August 2023

You may have to file a petiton for visitation rights to visit your child periodically as per the schedule or time table that you may present before court.

However this will not impact the maintenace order passed by court and yo cannot refuse to pay maintenance for this reason.