Second husband is not liable to pay maintenance for second wife daughter when he has not adopted her
2) maintenance can be claimed from biological father only
Second marriage, daughter from first legal wedlock, two biological daughters presently
1. can gaurdian be held responsible for maintainance when biological father is alive. 2. second marriage for both parties. father has two existing daughters, second marriage done for childrens sake - wife has previous daughter from first husband who has given one time maintainance amount for wife and child and got a divorce. 3. wife has got a guardinaship order from court in the second husbands name. 4.second husbands name has been used in school record and passport purposes. 5.can wife claim maintainance from second husband when formal adoption process has not been done . 6. can the second daughter be entitled for maintainance under any section from the new court adopted guardian father.
Asked 7 years ago in Family Law
Religion: Hindu
8 Answers
1. See since the second husband is appointed as guardian for property and decision making though he cannot be made responsible to pay maintenance for child in case biological parents are there ,even if first father did one time settlement child can seek maintenace from him if mother is not capable of same.
1. The guardianship is given for what, just for property ?
If one time maintenance has been given by the previous husband for both the child and wife then he has no liability to give anything?
You need to share copy of guardianship order and also the divorce order for a concrete advise.
Regards
Biological Father is liable to pay maintenance .
A father is bound to maintain his minor childrens.
Second husband is not liable to maintain.
For completion of adoption second husband is liable.
Dear Clients,
Without valid adoption, no such rights accrues. Guardianship is meant to oversee the welfare and safety of the person under guardianship, and to attend the financial needs of the individual, using his or her assets wisely.
What was court order ?
- As per the information mentioned in the present query, makes it clear that the duaghter has not legally adopted by the second father, but guardian rights have been vested upon him by court of law.
- Actully, to claim any right over the father’s property or maintenance the legal adoption must be there.
- But, if the guardian rights are here and that is also from the court then it may be interpreted in a way as tot he presumption that father has decided to look after her.
- And I believe, in the basis of the same, she can claim maintenance from the new father also.
Formal adoption process has to be completed for the legal adoption. The maintenance given by first husband will also be considered by the court if prayed.
1. Guardian means how?, through court appointed or self appointed, however the guardian can refuse to maintain if the biological father is alive.
2. The husband is not legally liable to maintain his wife's daughter of first marriage even though he has been appointed as guardian to the child. Since he has not adopted the child by following the procedures, he cannot be said to be adoptive father to the child hence he cannot be held liable for maintaining the child of his wife born to her previous marriage.
