Hi, a unmarried daughter is entitiled for maintanace from her parents until she gets married ..Since she is a minor at this stage , her legal rights cannot be curtailed in a compromise between parents
Mutual divorce and clause added
After 15 years of my marriage me and my wife filled mutual divorce.i have 14 years of daughter in my custody.my wife is a government servant and earning more than me.in our petition wife added a clause "as per compromise wife has foregone all her claims on the condition that child will remain under husband custody and same will be utilized for the welfare of child.the wife will not claim anything towards the dowry articles/stridhan on account of maintenance and permanent alimony or nay property of any nature from husband and his family members" i want to ask query that: 1 after adding this clause will my daughter who is minor can claim maintenance from her mother under sec 20 of hindu adoption and maintenance act and how can she claim through me or through advocate 2 if no,then my query is compromise made between husband and wife restricts child from her rights
Asked 5 years ago in Family Law
Religion: Sikh
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10 Answers
1. Well, the legal rights for custody of the child or for maintenance of wife which include ex wife can not be waived by private contract.
So even after divorce your wife can seek maintenance and custody of the child including rights of visitation.
2. Same as above.
1) you can claim maintenance for your daughter form your wife
2)compromise does not restrain application for maintenance to be filed for daughter
1) Here in this mutual consent husband is taking responsibility of daughter's living of standard and food, clothing and shelter education etc through way of custody no where it's mention wife is going to pay her share of maintenance towards daughter, so daughter can ask maintenance money to her mother.
Dear Sir,
As per the above clause daughter forgo her right to claim maintenance from her mother in view of mutual agreemnent between you and your wife. You on behalf of your daughter forgone her right of claim and in lieu of the same the wife has given up her claim over her dowry articles/stridhan.
Dear client,
First of all such clause is not valid and wife can claim maintainance even after divorce. And child can claim maintainaces from either parent. She is minor so on her behalf you being her gaurdian will have to claim.
No restrictions.
A settlement deed is valid if decreed by the court raking in consideration of the points in the judgment.
Maintenance can be demanded at later stage too.
1. She can claim for her maintenance through you as her guardian but your wife might contest the same by putting forth the condition laid in your MCD petition which stipulates that you shall bear the expenses for her maintenance for which she relinquished her right on her Streedhan and other legitimate claims.
2. The child has the right to be maintained which, in the instant case, the father has undertaken to take care of by signing the MCD petition with the stated clause and condition while availing decree of divorce against his wife.
1. No she can not ask later
You two are deciding things for her at the age when she can not enter into any legal contracts.
In her best interest the same is being decided.
Only the person to wh the custody is being given will be liable for her upbringing and maintenance.
Regards
1. Your daughter is not being maintained by you then she can claim maintenance from her earning mother.Since your daughter is in your custody and being maintained by you, your wife may say that escape the liability.
Moreover if you employed and filing the case on behalf of your child then there are chances that the court may not even entertain your case.
2. Your child's rights are not restricted, your child has rights on her father, so you are bound by it.
