• Visiting hours to meet kids and kids maintenance

Yesterday in Court, I had asked for visiting hours for my kids.
Judge said first the maintenance of kids will be decided then visiting hours will be set.
Is maintenance for kid mandatory?
If yes then how much is the minimum amount to pay as maintenance?
What if mother is working as a Government employee , does reduce my maintenance cost? 
My income is Rs 30000/- per month & her income is Rs 75000/- per month. Does affect my maintenance cost?
How to reduce maintenance cost of kids?
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Yes, how child will survive without sustenance allowance.  Wife is not entitle to maintenance but child is, it will 5k around.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You may not like my answer but cant misguide you, please read carefully, quoted from a judgement:

 

The Delhi High Court in Manpreet Singh Bhatia v. Sumita Bhatia, has held that when the father was paying maintenance pendent lite under section 2 of the Hindu Marriage Act, 1955 (HMA), for his wife and daughter, he was also entitled to visit her. The judgment was delivered by division bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani.

Manpreet Singh was directed to pay a monthly maintenance of Rs 25,000 to his wife and Rs 25,000 to his daughter Sohana for her educational expenses. Singh did not have any grievance regarding the maintenance to be paid to daughter, but only towards the Rs 25,000 amount paid for his wife’s maintenance, but added that he may be allowed to meet her daughter whom he hadn’t met in the last three years.

“Though this is not a petition concerning the visitation rights of the parties, a father who is ready and willing to pay maintenance for his daughter is also entitled to see his daughter at least on festivals, her birthday or at regular intervals.”

The appellant is resident of Delhi whereas the respondent is residing in Mumbai and the daughter is studying in Lonavala and staying in hostel. We, therefore, permit the appellant to visit his daughter at Lonavala and meet her in her school. Necessary instructions in this regard shall be given by the respondent to the principal of the school to enable the appellant to meet his daughter on her birthday, festivals or once in three months.”

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Yes to support needs of the kid the court can order maintenance. There is no minimum or maximum amount set for this maintenance shall be decided based on your income. Yes both mother and father need to take care of kids maintenance equally. You don't need to pay her maintenance  but for  kid equal amount can be payable you can take ground as low salary responsibilities of parents. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) both have to pay maintenance for children 

 

2) it is in proportion to your income 

 

3) since your wife income is more than double your income she would have to bear lion share of Maintenance 

 

 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

Dear Sir,

Yes it is mandatory to parents to maintain the child. 

It is the duty of the husband to take care of the wife and children and maintain them. 

first try to find out her income proof. If she is able to maintain herself then no need to give her maintenance. Also show the court your liabilities to reduce the maintenance amount.

First of all keep in mind that you can not deny legal liability to maintain your wife. If she is working lady court will pass reasonable amount as maintenance. but for that purpose you have to give your say as good as possible in detail. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The court is not wholly wrong in saying so. The issue of maintenance though has no connection with your custody rights though the court has discretion to force to make payment on account of arrears to be paid for the children.

The court is ' parent patrie' and hence it can set rules to ensure the welfare of the child by forcing you to clear the arrears. 

If however no order of maintenance is passed as yet then the court can not held up in adjudication the issue of your visitation rights.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Wife parents income will not consider by court while order maintenance to child and even wife and husband is liable to maintain them. Wife may be refused maintenance but not child.

File appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You can appeal to HC against interim order of maintenance

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

you can oppose the maintenance application on the basis of her income. let court decide the same.

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

See you have to file appeal/revision accordingly to reduce the maintenance . You have to pay according to the court order.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Yes, you can file appeal in Higher courts for reduction of maintenance of children.

Most courts won’t deny the relief to a person who has no means of sustenance. Also, your children are your liabilities. Pay for their education and upkeep willingly and to the tune which you would have spent had the children been with you. This can also make court lean in your favour and bring a settlement to your litigation by pressing her. You should start this even before the cases has been filed. Also, please remember that not paying for your child’s maintenance can bar you from getting the custody of the child.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Sir 

Maintenance normally is awarded 1/3 of salary but it may vary. 

Maintenance can also increase with time. 

Better talk about one time settlement. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Since she is also employed and earning salary more than you, it would be advisable that you mention the same in writing and also state that since she is employed and also earning three times more than you, she should also bear the expenses of the child equally if not more than you.

Is the child custody case going on separately, if not then your claim for visiting child may not be entertained in this case.

 

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

If the court is passing an order which is not agreeable to you then you may better prefer a revision before high court seeking to reduce the same in view of your financial background and also that of hers.

 

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

father is liable to pay maintenance. 

It is the responsibility of both the husband and spouse to maintain the child. If the spouse is earning more you can ask the court for reducing the maintainance amount for the child as your spouse is earning more and able to maintain herself and the child. The court will also consider type of the spouse job such as whehter it is a permanent or temporary job.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Dear sir

The maintenance for kids in mandatory even if your wife earning in Lakhs because they are your kids. And you can appeal against order of court in higher court but 4500 per kid is reasonable maintenance as your salary is 30000 per month. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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