cpc

regarding maintenance in mutual consent divorce case.


Dear All

 I obtained a MCD under section 13B in Feb 2016. 

The terms of settlement included naming the only joint property to my wife and 2 children as one time alimony, custody of both children aged 13 and 18 yrs at that time with me and no financial interaction amongst me and wife.

Now the daughter is a major, 21 yrs of age and wish to stay with her mother but the mother refuses to take her whereas the daughter is sort of hell bent on going and staying with her, at any cost.

My question is that if the daughter is sent to stay with the mother, on her own will, am I liable to pay any maintenace/expenses to the mother? The daughter is now well educated with a professional degree and can sustain herself, if need arises. 

The mother's expectations are unrealsitic, she asks for about 25000.00 per month wheras she very well knows that my income is about 35000.00 per month.

Any guidance will be highly appreciated.

Thanks in advance.

 

P.S. the case was decided in Solapur, Maharashtra court.

 

 

 
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Lawyer

You have obtained decree of divorce from your wife but not from daughter.

Although she (your daughter) was in the care and custody of mother at the time of mutual consent divorce proceeding on the condition that she (daughter) will be maintained by mother (your wife). an unmarried daughter, (even if she has attained majority) can seek maintenance from her father when she is unable to maintain herself. 


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Dear Sir

Thanks a lot for your time and reply.

The daughter has been staying with me after divorce, not mother but now wants to live with her.

Am I liable in that case? And to what extent.

Thanks in advance.

 
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Advocate

What is the stand of your daughter as to payment of maintenance? The daughter is no longer a minor, she is grown up and well educated.  

 
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Lawyer

Dear Mr. Anuj, 

Please go through my opinion and advise herein above, where your query has already been replied.

She (your unmarried daughter) is entitled for maintenance if she is unable to maintain herself..

 

 
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