• Child Maintenance

Hello, My name is Anupam Ray - 37 years old and I have a daughter aged 3 years. I have been granted divorce by Alipore Civil Court on 10-Aug- 2021 through a mutual proceeding. The Mutual petition was filed on 19-Oct-2020. At the time of mutual petition, it was agreed that I will give Rs.10000 towards child maintenance till she attains 3 years (on 07-Sep-2021), following which the amount will be Rs.17000 till she reaches 6 years. I have been diligently transferring the amount to my daughter's bank account since last one year, however I am having trust issues and feel that the monthly maintenance is not expensed effectively towards my daughter. She also mentioned that she is utilizing a fair proportion of my maintenance amount to invest in a child scheme with her own name. Despite repeated reminders and requests, my ex-wife is not showing willingness to show bank statements or justify the expenses. 

For transparency, I have proposed below 3 options of maintenance plan to my ex-wife and she is not agreeing to either and threatening me of legal consequences. I am ready to pay Rs.17000 every month towards my daughter's maintenance, but with a slight deviation.
1. Deposit 7k to my daughter's SBI account and remaining 10k in Sukanya Samriddhi account. Maturity Amount - 57,17,213.
2. Deposit 10k to my daughter's SBI account and remaining 7k in Sukanya Samriddhi account. Maturity Amount - 40,02,046
3. Deposit 17k in Sukanya Samriddhi account. Maturity Amount - 97,19,255

In the above situation, please help me with legal assistance for better transparency.
Asked 14 days ago in Family Law
Religion: Hindu

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7 Answers

You ha e to make application to court to direct wife to give break up of expenses incurred fir the child 

 

2) also request that you may be permitted to invest part of said amount in accounts mentioned by you 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

First of all it is not known that if there is any court decree or order confirming your information that you would Rs. 10000 till one period and thereafter Rs. 17000 per month till another period as specified in the petition.

If this arrangement has not been mentioned in the judgment for divorce then there is no necessity for you to comply with the said decision taken by you on a mutual agreement with your ex-spouse.

If at all she has any claim, let she file a separate petition seeking child maintenance.

You cannot be held to breach or violate the conditions of the agreement entered between you and your ex-spouse because it is an unregistered document hence it is not enforceable in court of law.

If she approaches court with a separate maintenance petition then you can express your grievances about the diversion of the money paid by you regularly, to some other purpose by her 

After tht you can place your own proposal as what you have mentioned in your post here, before the court to consider your willingness to pay maintenance to your child in a different form. . 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

  1. Seek accounts of maintenance expanded from wife to the last rupee through lawyer's notice. If after deducting maintenance incurred anything remained unspent has to be deposited in any suitable investment scheme. You suggestion cannot be faulted with.
  2. In case of any refusal you can approach the Court that awarded maintenance. Court will certainly get your suggestion worked out being in the welfare of daughter.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

You can go ahead with the aforesaid settlement option if both of you agree with the same. Otherwise you need to contest the same in court and Court will grant the maintenance as per it's discretion

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

File an application in the family court stating the misuse of the maintenance money and seek a direction to your ex-wife to submit proper accounts of maintenance expenditures on monthly basis including the previous periods.

This will solve your doubts and have a check on the money you send.

Kallol Majumdar
Advocate, Kolkata
2800 Answers
7 Consultations

5.0 on 5.0

- Since you separated from your wife by way of mutual consent divorce then legally you both are alien for each other and no provision applied in your relation. 

- Further , if the court has not passed such order for payment , then you are not bound to pay maintenance as per your wife . 

- You can pay the child maintenance as per you think fit for the welfare of your daughter , and your ex-wife cannot take any legal action against you. 

- Further , if that order of payment has been passed by the court , then you have to comply the direction of the court. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Dear sir,

You can enter into an agreement with your wife until your child attains 18 years of age, with all these clauses which specify your mode of transferring maintenance with an assistance of a local lawyer.

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

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