Upgrad LLM

no maintainence in case no access to child


If the wife refuses to provide any access to the child and she is getting hefty maintenance from the husband for the child then in that case can the husband refuse to pay maintenance for the child? Are the any judgments in this regard?

 
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When the Judgment is delivered during the maintenance proceedings the Judge must have given the terms for the father or the husband to visit his child during a week or month. If the wife refuses access to the child, then you can move the same Hon'ble Court and can get the order to be revised for maintenance in your favour. Most probably when wife refuses access, then in such cases the Judge may reduce the maintenance and maximum the Ld. Judge can revoke the maintenance to the wife but not to the child.

 
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Advocate

No the husbad can not refuse maintenance only because of non access to the child. He will have to file a separate case of child custody whrein this issue can successfully be agitated.

 
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I WANT TO ADD with d.barman that HUSBAND can also agited before the  court concern

for visit right,which is ensure by the court of law and the constitution of india.

 

 
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Family Counsellor

This is the common issue in most of the cases for child visitation. In such cases, the judge also stops the maintenance and can order to bring the child to the court. If the mother does not give the access to the child, the father can go to the court and ask for child custody or stop all the maintenance. He cannot fulful the duties without getting the fruits.

 
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it is depending on facts of the case. if wife proves that access is not in the interest of the child in that case even if husband is making payment of maint , he can be denied fr access

 
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Family Counsellor

In this case, the maintenance will also be forfited. Recently there was once case where the court has order the boy of Calss 9 to visit the father or forget the maintenance. The mother has poisoned the child. This happens in India and if the father demands that the child is poisoned or has some such behaviour, maintenance is denied to child also.

 
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