Upgrad LLM

maintenance to minor


mother has monthly income of 35000 and husband has monthly income of 21000 . minor of 7 years . mother claims maintenance for minor only . mother has no other liability . father has no other liability . marriage subsisting but living separately .

Resources of mother more than sufficient . Is claim for maintenance for minor justified ?

 
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Advocate

I think maintenance justified from the point of view of minor being the legal heir of the husband. It is not that she cannot maintain the minor, but it is also the resoponsibility to maintain minor son for the man.


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Advocate

A person is bound to maintain his minor son under section 20 of hindu adoptions and maintenance act 1956

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Advocate

Rahsi ji, men are already escaping from maintaining their wives as she has started working. Now if you say, he doesnt hv to maintain his child also, then....  :(


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Practicing Advocate

 Even though the wife is working and earning sufficiently to maintain herself and the child, the father of the child cannot escape his responsibility to give maintainance to the child. 


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Do both parents share the material responsibility towards the minor or it is just father ?

 
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Practicing Advocate

A child is the responsibility of both the parents.  If the mother is earning sufficiently you can submit the proof of her income and the court may reduce the amount of maintainance imposed upon the father.


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Advocate

Rashi, maintenance of wife, child and parents is the responsibility of a man according to law , if he is earning sufficiently.  It doesnt mean to say mother has no responsibility towards her kid. As Archana ji mentioned, maintenance amount may be reduced if mother is earning.

 
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Advocate

The father can not escape his responsibility to give maintainance to his child merely because wife is working and earning sufficiently. Both parents share the material responsibility.


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thanks for the guidance dear friends .

 

 
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