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socially backward (Social worker)     29 September 2018

Maintenance case by minor daughter.

Dear Members, In this case,father is a government employee.Now the questions are 1)What documents are required by the minor daughter to produce before court to fight her case? 2)If father's salary approx Rs 70-72 thousand per month,what amount the daughter is expected to get as maintenance? 3)Should she file for interim or final maintenance?How long such cases take to solve in court? 4)Can she avail free legal aid advice/service for her case anywhere? 5)Can she claim the amount of the lawyers bill from her father with the help of court along with this maintenance case? Please reply. Thanks in advance.


 4 Replies

Shankar Shetty (Practicing Advocate)     29 September 2018

Its not easy as they show in filims to get alimony maintenance.  If husband is earning that much better to go and stay with husband.

Proving  salary slips will be first task.

Proving where and how you got that salary slip is second task.

If he is working in private and still gettting such huge salary, then court will not order what you want as private jobs are not permanent ones.

Plus mother has to contribute equally towards such kids expenses.  If you are asking 30000, you will have to show that you are paying 15000 to kid.  But will kid require 15000 ? per month?

Its not a eash case.  If you have taken divorce already then simply go for 1 time settlement, ask 1 crore one shot.

Or simply give off the kid, coz till the time kid turns 18 you can play maintenance maintenance.  After kit turns 18, your play will become headache.  Then comes marriage expenses. 

etc et.c.  Case of maintenance will run till kid turns 18 with no guarantee of getting money through court.

Shankar Shetty (Practicing Advocate)     29 September 2018

Interim maintenance can be claimed for 1 year.  Permanent maintenance for kid can be claimed if you have taken divorce from the father of the child.

darshan sandhu   02 October 2018

limitation period for filing revision in session Court under maintenance 125

adv. rajeev ( rajoo ) (practicing advocate)     20 February 2019

You will have to produce the relevant documents to get the maintenace to minor.

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