Husband and wife living separately after case under 498a is filed.their 2 year old son is in custody of his father.whether the father in this case can claim maintenance from his wife for the child under sec 125 (1) crpc.husband and wife are working in bank. Husband ‘ salary is 1.5 times more than hids wife and has no liability except himself. Whether the case is maintainable in court.
Minor child through his natural guardian can claim maintenance under section 125 CrPC.
Here as both the parents are working and have income to support the minor child they are supposed to share the financial burden proportional to their income.
Father can ask proportional amount for child maintenance from the mother under section 125 CrPC for minor child in his custody.