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Rakesh Agr (fighter)     26 November 2015

maintenance in child custody under GWA act section 7 and 25

Father has filed child custody GWA act section 7 & 25 and have 2 queries. For past 18 months wife is away with 2 children (6 years and 2 years). Earlier father had sent gifts twice and both of them were returned. However father again sent some costly Diwali clothes once more few days back and the parcel is yet to reach. Regarding Money father is not sending anything because in-laws has created a state of confusion & sometimes they ask lunp sum and sometimes send SMS saying as of now nothing is needed. Wife and her parents do not inform father about illness and hospitalization even though insurance cards are sent to them by father.Father asked and followed up multiple times (email/SMS/phone) asking details which can be submitted for insurance for reimbursement but there was no response from wife and in-laws. Also, there are multiple SMS proofs that wife and family forcefully do not allow the father to meet his children or talk to them. Wife was earlier working but now not working and is dependent on her father's pension and unmarried brothers salary.


In this background the question is Can the court award maintenance under GWA for the children? Is it allowed or normal practice to order maintenance under GWA act? If yes, then what could be the amount and how is it calculated. Children are 6 and 2 years of age. 


 2 Replies

amaresh   26 November 2015

your story is quite similar to my story.........Alipur court?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     26 November 2015

The maintenance shall be decided keeping into consideration th monthly requirements of the children as stated in the petition and also the financial capapcity and lifestyle of the father as well. However in case father is not being allowed to meet his chidkren, he may seek necessary visitation rights from the court

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